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Landowner deposits

A landowner deposit is an intention by a landowner to not dedicate any additional public rights of way across their land.

This does not affect any legally recorded rights of way as shown on the definitive map. These rights of way will not be diverted or extinguished through this procedure.

Public rights of way can be created by the public walking, riding or driving across otherwise private land for a long time, usually in excess of 20 years.

The landowner might be quite happy with people doing this, but if they don't do something to protect their interests they may end up having allowed a public right of way to be created and so lose control of this land. This process whereby the public can gain legal rights by usage is often referred to as ‘prescription’.

Another right which the public can gain through the process of prescription is that of village green.

If the public have used a piece of privately owned land for 'lawful sports and pass-times' for 20 years or more then that land can be claimed and registered as village green.

Again, the owner then loses control over what they can do with their land in the future.

One way for landowners to protect themselves against the effects of prescription is to make a deposit under the terms of section 31 of The Highways Act 1980 (for footpaths, bridleways and byways) and section 15a of the commons act 2006 (for village greens).

These legal processes have to be periodically renewed in order to remain effective.

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.

Check fees

To check fees required, see section 4 of the Definitive Map team charges for legal work.

Make an application

To make a landowner deposit, please use the guidance notes and application form on the Government website.

This process is currently managed by West Northamptonshire Council.

The completed application (including statement or declaration and map as appropriate) along with the required fee (cheques made payable to ‘West Northamptonshire Council’ - please include the landowner's name on the reverse) should be returned to:

West Northamptonshire Council
The Guildhall
St Giles' Square
Northampton
NN1 1DE

Email: [email protected]

If you make an application under the Commons Act 2006 (village greens protection), notices are also required to be posted on site and therefore an additional notice fee is chargeable.

Notice of deposits

Notice of deposits submitted under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006.

North Northamptonshire 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 1 October 2013. Notices will appear here on the register for a minimum period of 60 days.

Ref NumberParishes, Landowner and deposit typeDeposit notice and Notice mapDeposit or Declaration date
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

HA1980

 
297

Rothwell

Land at Shotwell Mill Lane, Rothwell

HA1980
CA2006

19/05/2016
301

Ashton Polebrook

Land at Ashton Wold Estate and Land North side of Glebe Farm, Polebrook

HA1980
CA2006

27/07/2016
306

Brigstock, Boughton, Cranford, Geddington, Grafton Underwood, Kettering, Newton and Little Oakley,
Lowick, Stanion, Warkton, Weekley

Boughton Estates

HA1980
CA2006

07/03/2017
307

Benefield

​John Nicholson, The Trustees of the JF Nicholson's 1964 Marriage Settlement, The Trustees of the MF Berry's Grandchildren 1971 Settlement

HA1980​

15/03/2017
315

Kings Cliffe, Apethorpe, Woodnewton

Apethorpe Farm Limited

HA1980
CA2006

​29/01/2018
316

Barton Seagrave Kettering

Wicksteed Charitable Trust

HA1980
CA2006

13/11/2017
317

Kings Cliffe, Apethorpe, Woodnewton

​Jane Charlton - Jones, Clare Elizabeth Vivienne Colacicchi and David Hugh Charles Pardoe

HA1980
CA2006

29/01/2018
319

Desborough

Mr Richard Main

HA1980
CA2006

18/01/2018
322

Irchester

Michael W Saxby, Louise M Davies, Lesley J Saxby as trustees of the F G Saxby No 4 Settlement Trust

HA1980
CA2006

08/01/2018
323

Raunds

Mr R Hodgson

HA1980

06/02/2018
335

Brigstock

Mr & Mrs Prodger

HA1980

03/07/2018
337

Benefield

Daleham Farm Limited

HA1980

03/08/2018
341

Thurning, Burton Latimer, Ashton, Polebrook

Mr Richard John Ashby

HA1980
CA2006

13/08/2018
342

Ashton, Burton Latimer, Polebrook

​J L Ashby and Company Ltd

HA1980
CA2006

13/08/2018
344

Newton and Little Oakley, Wilbarston, Corby, Middleton

Alexander de Capell Brook

HA1980

23/08/2018
345

Corby, Wilbarston

Great Oakley Farms

HA1980

23/08/2018
348

Thorpe Malsor

Thorpe Malsor 1996 Trust

HA1980

29/10/2018
349

Thorpe Malsor Cransley

Mrs Z Powell

HA1980

29/10/2018
350

Rothwell Orton

Major J & Mrs Z Powell

HA1980

29/10/2018
351

​Thorpe Malsor

Lancefield Discretionary Trust

HA1980

26/11/2018
352

Loddington

Mr & Mrs C Holborow

HA1980

29/10/2018
353

Thorpe Malsor Rothwell

Mrs L Holborow

HA1980

29/10/2018
360

Chelveston cum Caldecot, Stanwick

Mr Roger Norman

HA1980
CA2006

08/03/2019
363

Little Harrowden, Hardwick

Rookery Farmers Ltd

HA1980
CA2006

10/06/2019
364

Benefield, Oundle, Stoke Doyle

Kythe Whitehead

HA1980

20/09/2019
368

​Wilbarston Stoke Albany Cottingham Rockingham Gretton

Rockingham Castle Estate

HA1980
CA2006

19/07/2019
373

Irthlingborough

Mr Richard Henbury & Mrs Lynne Henbury

HA1980

27/09/2019
378

Wollaston

Dr & Mrs Goldsmith

HA1980

28/11/2019

Landowner deposit register

Last updated 09 September 2022