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Legal - record, registers and advice for land owners

 

Where are they and how do I find public rights of way - legal record

The legal record or public rights of way, the Definitive Map & Statement (DM&S), is maintained by the Council as Highway Authority. It can be viewed at the Fawcett Street Customer Service Centre.

On-line 'working copy' plans of the definitive map are under development.

For definitive confirmation of whether a property is affected by public highways, both public right of way and adopted highway, and for CON29 searches, please contact Highway.Records@sunderland.gov.uk

Landowner deposits and statutory registers

Sunderland City Council maintains a register of definitive map modification orders (s.53B Wildlife and Countryside Act 1981), and land owner deposits which protect against public acquisition of access rights (s.31(6) Highways Act 1980 and s.15A Commons Act 2006). See the Public Rights of Way Register for Sunderland.

The deposits have effect for their period of validity; they are not retrospective and so do not protect against access rights created before the deposit period. Advice and forms relating to S.31(6) HA1980 and s.15A(1) Commons Act 2006 deposits are available at GOV.UK.

We can advise on where expressions of interest in claiming public rights of way other than by formal schedule 14 W&CA1981 application have been made. Until such expressions of interest are determined the case in support of such claims remains open and may change as further evidence becomes available.

Under s.31(6) Highways Act 1980  land owners can deposit of statement map and declaration to acknowledge recorded public rights of way across their land, and to prevent new public rights being created through use that satisfies s.31 HA1980 for 'deemed dedication', or under common law. The deposits have effect for their period of validity; they are not retrospective and so do not protect against access rights created before the deposit period.

S.31(6) HA1980 deposits, which relate to linear public right of way access, can be made in conjunction with s.15A(1) Commons Act 2006, which relate to open acquisition of rights of common. Advice and forms are available at GOV.UK.

We can advise on where expressions of interest in claiming public rights of way other than by formal schedule 14 W&CA1981 application have been made. Until such expressions of interest are determined the case in support of such claims remains open and may change as further evidence becomes available.

Statutory registers:

Formal applications for Definitive Map Modification Orders under schedule 14 of the Wildlife and Countryside Act 1981and Land owner deposits made under s.31(6) HA1980 and s.15A(1) Commons Act 2006 are available.

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