Rights of Way: A Guide to Law and Practice

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This fourth edition, published in 2007 has been completely revised and updated by the authors. Useful bits of footpath law: Where an implied or prescriptive easement is registered as appurtenant to a registered estate and the servient land is registered, we will enter a notice in the register for the servient land at the same time. When an easement has been extinguished and is referred to in the register of title, an application should be made for the entry or entries to be removed. If the servient land is registered, an application should be made to enter an agreed or unilateral notice in respect of the equitable easement. For further details of how to apply to enter a notice see practice guide 19: notices, restrictions and the protection of third party interests. Public rights of way allow the public to walk, or sometimes ride, cycle or drive, along specific routes over land which may belong to someone else – the land itself is often privately owned.

certified copies of title documents to the servient land showing the grantor’s power to make the grant; see Proving grantor’s power to make the grant Section 53(3)(c)(i) to (iii) covers such matters as the addition of a way to a definitive map, its deletion, or its upgrading or downgrading to another category of RoW.

The existence of a public right of way could be claimed as part of the initial valuation of the land that took place under the terms of the Finance (1909-10) Act 1910, and many ways are thus recorded in the Valuation Office Field Books. However, it should be noted that it is the mere fact of the existence of a way and not normally its precise location or course which is recorded. MT 105– includes a number of files about the closure of rights of way by the War Office under the Requisitioned Land and War Works Acts 1945-1948, including material about the continuing closure of ways across the East Lulworth Ranges in Dorset after the end of the Second World War. To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 7.1 Servient land is registered 7.1.1 Charges If the easement is reserved for the benefit of land in other registered titles we will enter the benefit of the easement in the register of those titles providing either:

Tithe maps and apportionments can, nevertheless, be rich in detail and some, as well as showing rights of way, can include information about: Rights of Way Circular: Guidance for Local Authorities (applies to England only) Department of Transport

Practice guide 73: statements of truth gives information about the use of statements of truth in support of applications to us. 12.2.4 Unity of ownership and occupation Turnpike roads were roads whose maintenance was funded by tolls levied on passengers. A turnpike was a gate across a road, usually a minor road or byway, opened to allow those who had paid the toll to pass. Many turnpikes were authorised by local Act of Parliament, and administered by turnpike trusts. From 1814 there was a requirement to deposit plans of turnpike roads with local authorities, most of which, if they survive, are in the Parliamentary Archives.

COU 2 (1950-1968) contains, among other records, minutes of the Long Distance Routes Committee, 1954-1966 If the easements are reserved for the benefit of other land in the registered title out of which the lease was granted, the easement is included in the landlord’s registered title by way of the entry in the register for that registered title referred to in Servient land is registered. You will need to lodge a certified copy of the deed of release. 12.2.2 Determination of lease to which the easement is appurtenant where it is on a highway) otherwise than to another point which is on the same highway, or another one connected with it, and which is substantially as convenient to the public. Records include agreements, surveys, correspondence and maps. 8. Roads and rights of way on enclosure documents

If the easement has been protected by a unilateral notice, the beneficiary may apply for its removal using form UN2. Alternatively, the registered proprietor, or someone entitled to be registered as the proprietor, can apply for its cancellation using form UN4. You should lodge the consent of any chargee of the servient land whose charge has priority over the grant of the easement and who has not joined in the deed. This Advice Note should only be regarded as a basic guide to, rather than an authoritative interpretation of, the law on public rights of way, it is publicly available but has no legal force. On a transfer or lease, the transferee or tenant may, without an actual express grant, acquire easements affecting land retained by the transferor or landlord. This may be by virtue of section 62 of the Law of Property Act 1925 or the rule in Wheeldon v Burrows. And on a transfer or lease, the benefit of existing easements can automatically pass with the land. However, such creation and passing of easements can be prevented by a suitable provision in the transfer or lease.

Where the application is in form AP1 or form CN1, the following points need to taken into account. 12.2.1 Deed of releaseIf the dominant land is unregistered, the applicant should lodge evidence of title to the land in the same way as if the land was being conveyed. George Laurence KC of New Square Chambers says “The Blue Book’s famed reputation for even-handedness in this complex and controversial field makes it the first port of call for anyone concerned with a dispute concerning public rights of way. I commend it without reservation”.