Farmers and landowners are being reminded they should check the renewal dates of any Section 31 (6) deposits, which are used to safeguard land from the creation of new permanent rights of way.

Matthew Scott, a director in the Rural team at Strutt & Parker, says most landowners have some form of public right of way running across their farm or estate, providing walkers with the opportunity to explore and enjoy the countryside.

"Many landowners will have submitted a Section 31(6) statement and declaration under the Highways Act 1980 which allows them to formally record that they do not intend to dedicate any additional public rights of way over their land. 

"But it is important to keep an eye on when they are due for renewal, as these deposits are time limited," says Mr Scott.

"Those submitted before October 2013 were valid for 10 years, while those submitted after that date are valid for 20 years. Given these lengthy periods, it can be easy for renewal dates to pass unnoticed, so keeping track of when action is needed is an important housekeeping exercise."

Any renewal declaration must be submitted before the date of expiry of the existing deposit. It will confirm that no new rights of way have been dedicated since the date of the deposit of the original map and statement. 

Mr Scott says landowners who are yet to submit a Section 31 (6) deposit may also wish to consider whether now is the right time to put one in place.

"If there is an existing footpath, walkers can unintentionally create alternative routes by taking shortcuts. If these are used regularly over time, there is a risk that this could give rise to a claim for a new right of way.

"This summer's hot weather may have led to a rise in the number of people exploring the countryside, so landowners are advised to take stock and check that paths are being used as intended."

Making a Section 31 (6) deposit involves landowners submitting a CA16 form to their relevant local authority, which includes a highways statement and a map identifying existing rights of way.

Once the deposit has been lodged, new routes should not be able to acquire public right of way status through long-term use.

The cost of making a CA16 application varies between local authorities and depending on how many parcels of land are to be included.