Trespass has long been an issue for landowners and lawful occupiers.

This issue has become an area of focus in lockdown as people have been restricted on permitted activities and travel, leading in many cases to reports of more trespass issues and greater numbers of people on the land.

Use of proper public rights of way is not the issue but often requires management.

Unmanaged trespass can cause several issues, such as:

• creation of new, permanent, unwanted public rights of way,
• incurring significant costs disputing the creation of new public rights of way,
• negative impacts on property values,
• danger to livestock and the trespassers,
• damage to crops and livestock,
• interference with sporting rights,

Solution:

Management of property and public rights of way is an ongoing task. There is no silver bullet but several tools are available to landowners to manage this issue.

To help avoid the creation of a new public rights of way and commons it is necessary to prevent 10 years use of the proposed new public right of way or common, “as of right”.

A useful tool to prevent 10 years’ use is through Section 31(6) of the Highways Act 1980 & Section 15A(1) of the Commons Act 2006. This allows a deposit to be made to the local highways authority which stops the clock on the ten year period.

Some authorities charge for this service. You will also need a good plan of the property showing the public rights of way.

It is a discreet (there is no signage on site to notify people of the designation) and cost effective way to help avoid the creation of public rights of way.

Other Tools to Consider:

Review the definitive map and statement with the local highways authority to better understand where public rights of way exist.

Signage also a useful tool to notify people of correct public rights of way routes and where no such public rights of way exist.

Keeping records of trespass events and asking unauthorised occupiers to leave.

Fisher German can:

• prepare the Section 31(6) of the Highways Act 1980 & Section 15A(1) of the Commons Act 2006 documentation,
• prepare an appropriate plan,
• manage the process of putting the declarations in place with the local highways authority, alongside other advisers if required.