Creation Agreements (Dedications)
Highways Act 1980 Section 25
Section 25 of the Highways Act 1980 provides for a landowner to “dedicate” a right of way via Creation Agreement providing he is able to prove title to all of the land over which the route will run, either by producing valid Land Registry documentation or a similar form of legal ownership.
Acceptance by the County Council to enter into the dedication of a right of way will be subject to the Council’s agreement to take on the additional maintenance responsibility and public liability for it. A route must be available for uninterrupted use by the public, however the landowner may specify the status of the route he wishes to dedicate, e.g. footpath, bridleway or restricted byway. Existing ‘limitations’, such as gates, stiles or width restrictions, may be included in the Creation Agreement.
Due to the level of public benefit provided by the creation of rights of way, the County Council will cover the administrative and reasonable legal costs of processing a Creation Agreement. Please note, in the event a land owner wishes to employ the services of a surveyor, any associated fees will be at their own expense.
For further information regarding dedicating a right of way, please contact the Definitive Map Office.