Rights of way management

How to register a right of way on your property and how the council maintains rights of way.

Registering rights of way on your property

Section 31A Highways Act 1980 requires Westmorland and Furness Council to keep a public Register of Deposits/Declarations lodged under s31(6) of that Act.

These declarations and statements enable landowners to formally acknowledge public rights of way across their land.  In doing so, create a presumption that they have no intention to dedicate any further routes across their land.

The relevant parts of Form CA16 (PDF 38KB) should be completed and submitted with a suitable plan and the requisite fee of £100 per deposit to be paid by bank transfer.

Since 1 October 2013 Notices of such deposits/declarations lodged after that date will now be valid for 20 years.

A register of these declaration and statements is kept by the council (including those in the Lake District National Park) and can be viewed in paper format at the offices of the Countryside Access Team or electronically on the Section 31(6) of the Highways Act web page.

Representations or enquiries for anything detailed on this page can be sent in writing to the Countryside Access team:

Westmorland and Furness Council
The Parkhouse Building
Kingmoor Business Park
Carlisle
CA6 4SJ 

Email: countryside.access@westmorlandandfurness.gov.uk

Cumbria and Lakes Joint Local Access Forum

Cumbria operates a joint Local Access Forum shared between Cumberland Council, Lake District National Park Authority and Westmorland and Furness Council. For further information please visit the Lake District National Park website.

Rights of way improvements

Westmorland and Furness Council are under a duty to maintain public rights of way in Westmorland and Furness however we can also do work over and above basic maintenance to improve the condition and accessibility of the path through surfacing, drainage, changing stiles for gates etc.

These types of schemes can be combined with general maintenance projects or funded through our rights of way improvements programme. 

We are always looking for ideas for suitable improvement projects which will increase the accessibility of the countryside for all, if there is a right of way which you think would benefit from some additional upgrading work please contact us and let us know.  

The Countryside Access team would like to work with user groups, organisations, landowners, or parish councils who may be able to help attract additional match funding, donate materials or offer volunteer time for their local rights of way improvement projects to make our budgets stretch further. 

If you are part of a relevant organisation or group and would like to discuss how we can work together on this please email us as below. 

To suggest a scheme, offer support or simply find out more contact countryside.access@westmorlandandfurness.gov.uk

•    Cumbria County Council Countryside Access Strategy 2019-2024 (PDF, 306KB)