Landowner deposits

​Under Common Law and the Highways Act 1980 it is possible for members of the public to claim that a track has been dedicated as a public right of way by the landowner by their failure to interrupt the use of it; this is called 'implied dedication'.

Whilst the landowner may be able to produce evidence that they have not dedicated the track by taking steps to prevent the general public from using it (by, for example, challenging users, erecting signs or only allowing use by specifically authorised people), it is often difficult to prove this at a later stage.

It is possible for landowners to protect themselves from future claims that a public path has come into being by implied dedication by making a deposit under Section 31 of the Highways Act 1980. 

Lodging a deposit does not affect any right of way which may have been acquired through public use prior to the date of the deposit. 

For details regarding a Landowner Deposit please email defmap@kierwsp.co.uk quoting the Deposit ID number.

Changes to Legislation October 2013

New legislation came into force on 1 October 2013 which made changes to the way in which landowners make deposits under Section 31(6) of the Highways Act 1980.

The changes include:

  • The requirement for landowners to complete an application form instead of a statement and statutory Declaration
  • The introduction of a reasonable fee for processing deposits. These fees are set out in our guidance notes.
  • The increase of the deposit renewal period from 10 to 20 years (for deposits submitted after 1 October 2013)
  • The requirement for the authority to erect notices informing the public of the deposit on the land in question and also on our website.

In addition there is the provision within the application form to make a combined deposit providing evidence to negative claims for public rights of way (under section 31(6) of the Highways Act 1980) and town and/or village greens claims (under Section 15A(1) of the Commons Act 2006).

To make a Landowner Deposit please read the guidance notes below and then complete and return our application form:

Notice of deposits submitted under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006
Northamptonshire County Council, as the Highway Authority and Commons Registration Authority is required to publish notice of any applications for deposits received under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006. Please find below details of applications received since the notice requirement came into force on 01 October 2013. Notices will appear here on the register for a minimum period of 60 days. Notices will also be displayed at an obvious point of entry onto the land in question.

​NCC deposit ref. No
​Parishes​LandownerDeposit type
​Deposit notice
​Notice map
Deposit or Declaration date
​028

​Ashton Le Wells, Chipping Warden, Woodford cum Membris

 

​Ivan Gerald William Bannister & Nancy Openshaw Bannister​HA1980 CA2006Deposit Notice Land known as Warden Hill Farm and Warden Grange Farm, Chipping Warden (PDF 529KB)

Deposit Map Land known as Warden Hill Farm and Warden Grange Farm, Chipping Warden (PDF 446KB)

Notice Locations Map Land known as Warden Hill Farm and Warden Grange Farm, Chipping Warden (PDF 423KB)

​03/06/2015
​041​Thorpe Mandeville​Jeremy B. Greenhalgh & A. Meriel Greenhalgh​HA1980 CA2006Deposit Notice Thorpe Mandeville Court (PDF 400KB)

Deposit Map Thorpe Mandeville Court (PDF Format 226KB)

Notice Locations Map Thorpe Mandeville Court (PDF 223KB)

​06/11/2015
​191

​Pilton, Thorpe Achurch, Lilford cum Wigsthorpe, Clopton, Titchmarsh, Thrapston, Aldwincle, Wadenhoe

 

​The Master Wardens & Commonality of Merchant Venturers of the City of Bristol as the trustees of the charity called St Monica Trust​HA1980Deposit Notice Lilford Estate, Lilford cum Wigsthorpe (PDF 412KB)

Deposit Map Lilford Estate, Lilford cum Wigsthorpe (PDF 2.54MB) 

Notice Locations Lilford Estate, Lilford cum Wigsthorpe Map 1 (PDF 2.04MB)

Notice Locations Lilford Estate, Lilford cum Wigsthorpe Map 2 (PDF 1.03MB)

​290​Dodford​The Master, Fellows and Scholars of Trinity College Cambridge
​HA1980 CA2006
​Deposit Notice Land North West of Dodford (PDF Format 83KB)
Deposit Map Land North West of Dodford (PDF Format 294KB)

Notice Locations Map Land North West of Dodford (PDF Format 327KB)
05/05/2016
​292​Brixworth​The Master Wardens & Commonality of Merchant Venturers of the City of Bristol as the trustees of the charity called St Monica Trust​HA1980 CA2006Deposit Notice at Land known as Park Farm, Land at Northampton Road and Land at Spratton Road (PDF 462KB)

Deposit Map at Land known as Park Farm, Land at Northampton Road and Land at Spratton Road (PDF 733KB)

Notice Locations Map at Land known as Park Farm, Land at Northampton Road and Land at Spratton Road (PDF 695KB)

​09/12/2015
​293​Watford​Mr Andrew Eden​HA1980 ​Deposit Notice Land known as Station Road, Watford (PDF 374KB)

Deposit Map Land known as Station Road, Watford (PDF 169KB)

Notice Locations Map Land known as Station Road, Watford (PDF 130KB)

​09/12/2015

​294

Deanshanger Wicken​​Jonathon Kendal James Gurney and Maragaret Rose Gurney
​HA1980 CA2006
Deposit Notice Land known as Mountmill Farm, Wicken (PDF 402KB)
Deposit Map Land known as Mountmill Farm, Wicken (PDF Format 698KB)

Notice Locations Map Land known as Mountmill Farm, Wicken (PDF 703KB)
​296

​Courteenhall, Roade, Blisworth, Quinton

​Courteenhall Estate

​HA1980 CA2006

Deposit Notice Land known as Courteenhall Estate (PDF Format 88KB)

Deposit Map Land known as Courteenhall Estate (PDF Format 1374KB)

Notice Locations Map Land known as Courteenhall Estate (PDF Format 1592KB)

Under Section 31A of the Highways Act 1980 Northamptonshire County Council is also required to maintain a register of declarations, maps and statements deposited under Section 31(6) of the Highways Act 1980. Unfortunately, due to staffing shortages, we are currently unable to meet all the requirements for the format of the register. If you have any query about a deposit on a piece of land please email: defmap@kierwsp.co.uk