Statutory Declaration – Right of Way
(England and Wales)
What is a Statutory Declaration for a Right of Way?
If you’ve been using a private path, lane, or access route for years — and now need to formalise that right — a Statutory Declaration can help.
This document is often used when a right of way isn’t registered but has been used openly, without permission, and without interruption for 20 years or more. It’s a key step in registering that access as a legal right through prescription.
Whether you’re selling your property, dealing with a boundary issue, or applying to HM Land Registry, this kind of declaration can support your case and provide the legal clarity buyers and solicitors look for.
When is this needed?
You might need this declaration if:
- You regularly use an unregistered path to access your home, driveway, or land
- There’s no formal deed or written right of way in your title
- You’re applying to register a prescriptive easement with HM Land Registry
- A buyer or lender wants proof of access
- You’re trying to avoid disputes with neighbours by documenting long-term use
Statutory Declaration – Right of Way (Template)
Statutory Declaration
I, [Full Name], of [Full Address], [Occupation], do solemnly and sincerely declare as follows:
The facts stated above are true to the best of my knowledge, information and belief.Oceanic Inspiration
I am the registered proprietor / beneficial owner of the freehold land known as [insert full description of the property, including title number if known] (hereafter “the Property”).
I make this declaration in support of an application to HM Land Registry and to confirm the existence and use of a private right of way over the adjoining land known as [description of the land over which the right of way is claimed], which is not within my ownership.
I have, for a continuous period of at least 20 years, without force, without secrecy, and without permission, used the route shown on the attached plan marked [“Plan A”] by the red line as a means of access on foot / with vehicles / both between the public highway at [insert location] and the Property.
This use has been:
Open and apparent, visible to anyone observing;
Uninterrupted for the duration of the period;
As of right, without consent or protest from any other person.
The route has been used by me and others residing at or visiting the Property, including:
[List examples of typical use — deliveries, refuse collection, access by tradespeople, etc.]
I am not aware of any objections, physical obstructions, or notices purporting to prevent or restrict the use of this route during the period of use.
I believe that a prescriptive easement has arisen in favour of the Property under common law / the doctrine of lost modern grant / Section 31 of the Highways Act 1980 (as appropriate), and I request that the right of way be noted against the title to the Property.
Winding veils round their heads, the women walked on deck. They were now moving steadily down the river, passing the dark shapes of ships at anchor, and London was a swarm of lights with a pale yellow canopy drooping above it. There were the lights of the great theatres, the lights of the long streets, lights that indicated huge squares of domestic comfort, lights that hung high in air.
And I make this declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1835.
Declared at: _______________________
This ________ day of ______________ 20____
Signature: ____________________________
[Name of Declarant]
Before me:
How to use the template
This is a formal legal document. To use it:
- Replace the placeholders with your details.
- Make sure the facts are accurate and backed by evidence if possible (old photos, utility bills, delivery records, etc.).
- Mark up a plan showing the route clearly — this goes in as Plan A.
- Sign it in front of a solicitor, notary public, or commissioner for oaths.
It’s often submitted with Form ST1 to HM Land Registry if you’re registering a prescriptive right of way
In London? Book your appointment to swear your Stat Dec now.
Call us today to book your appointment +442074992605.
