Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Recent Reforms

Document Cited authorities 3 Cited in Related
Vincent
AuthorWilliam Webster/Robert Weatherley
Pages135-137
Chapter 13Recent Reforms

REFORMS MADE TO THE COMMONS ACT 2006 IN THE GROWTH AND INFRASTRUCTURE ACT 2013, SECTIONS 14–17

13.1 These reforms make registration less likely, although there are still a number of pre-reform applications awaiting determination under the old law.

COMMONS ACT 2006

Section 15A – landowner statements in Form CA16

13.2 With effect from 1 October 2013, section 15A of the CA 20061enables landowners to bring an end to qualifying user by the simple expedient of depositing with the registration authority a statement in the prescribed form.2A landowner statement stops the clock on the number of years of qualifying use. If the land has been used for less than 20 years, then the deposited statement prevents users obtaining the 20 years they need to apply for registration. If a landowner statement is deposited at a time when recreational use has already taken place over the land for 20 years or more, then the landowner statement triggers the one-year period of grace for making applications to register under section 15 now that the 2-year period has been reduced.3

13.3 Section 15A of the CA 2006 mirrors section 31(6) of the HA 1980, which enables maps, statements and statutory declarations to be deposited by landowners with highway authorities the effect of which will be to prevent their land being recorded as a highway on the definitive map on the basis of presumed dedication. This process will then have effect for 20 years in the case of highways statements deposited and highways declarations lodged after 1 October 2013, but for those statements and declarations lodged before this date, it will be 10 years. As the effect of section 15A of the CA 2006 and section 31(6) of the HA 1980 is the same, landowners are now able to make a single application on Form CA16 to prevent their land from being recorded both as a highway on the definitive map

1Added by the Growth and Infrastructure Act 2013, s 15.

2Form CA16 must be accompanied by a map in the prescribed form identifying the land to which the statement relates. A fee will also have to be paid and registration authorities have the power to set their own fees.

3CA 2006, s 15(3A).

136 Restrictions on the Use of Land

or registered as a village green. Section 15B of the CA 20064requires every registration authority to keep a register containing prescribed information about statements deposited with that authority (and any maps...

To continue reading

Request your trial
Navigation index

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT