Rights of Way: A Guide to Law and Practice

£9.9
FREE Shipping

Rights of Way: A Guide to Law and Practice

Rights of Way: A Guide to Law and Practice

RRP: £99
Price: £9.9
£9.9 FREE Shipping

In stock

We accept the following payment methods

Description

The grant or reservation of the legal easement is a registrable disposition. To register the disposition you must apply using form AP1. The title numbers of all the registered titles involved (servient and dominant) must be entered in panel 2. The application should include: The fourth edition has been completely revised. In this edition, two new chapters: The Management of Rights of Way; and Legal Action Over Rights of Way have been included. These draw together material previously distributed between other chapters. Substantial portions of the text have been re-written to reflect the many other changes in legislation over the last five years.

In terms of the expression ‘substantially less convenient to the public’, features which readily fall within the natural and ordinary meaning of the word ‘convenient’ are matters such as the length of the diverted path, the difficulty of walking it and its purpose. Sections 66 - 71 came into effect in England on 2 May 2006. Section 67(1) extinguished all public rights for mechanically propelled vehicles that were not already recorded on the definitive map on that day, subject to certain exceptions which are listed in sub-sections 67(2) and 67(3). Provisions are made for private rights to be retained where MPV access to land is necessary. Affectionately know as the 'blue book', this definitive guide is written by two of the country's leading experts, and published by two of the leading organisations concerned with the protection of rights of way. The book analyses all the legislation affecting rights of way in England and Wales and explains the current legal lay of the land in contemporary and accessible terms. "The Blue Book" aims to state the law as at 1 October 2006, and is an essential work of reference for anyone whose work involves rights of way - either as a professional or as a volunteer - and is also a fascinating book for those interested the historical and contemporary usage of the unique network of public paths in England and Wales. The fourth edition has been completely revised. In this edition, two new chapters: The Management of Rights of Way; and Legal Action Over Rights of Way have been included. These draw together material previously distributed between other chapters. Substantial portions of the text have been re-written, and throughout the book we have reflected the many other changes in legislation over the last five years. History of "The Blue Book": "Rights of Way: A Guide to Law and Practice" was first published in 1983, following the implementation of the major changes to legislation made by the Wildlife and Countryside Act 1981. It brought together in one publication material previously published separately by the RA and OSS, together with considerable additional new material, and proved popular with volunteers and professionals alike. A second edition followed in 1992, with a third edition in 2001 following the passage of the Countryside and Rights of Way Act 2000. c) of any new public right of way on the land over which it is to be created and any land held with it.See section 8 of our Ordnance Survey guide for more information on where to find Ordnance Survey maps. 4. Rights of way and highway legislation An express easement is expressed to be so by deed (Section 1(2) Law of Property Act 1925) and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement and in the C Section of the Title Register for the servient tenement.

Now in its fourth edition, the book was revised and updated by John Riddall and John Trevelyan, two of the leading experts on rights of way law in England and Wales. It is essential reading for anyone involved in rights of way work as well as a fascinating record of the historical and contemporary use of the footpath network.

Supplier:

The most common obstructions are overgrown vegetation on the ground and around stiles, and un-reinstated cross-field paths. A cross-field path may be ploughed out with no sign of levelling of the path, or in the growing season the adjacent crop may restrict the width of the path to below the minimum. Tithe apportionments by parish and county in IR 29. Most records in this series date from between 1837 and 1845 In this section you will find advice on the most significant kinds of maps that show rights of way, where they are held, whether at The National Archives or elsewhere, and some advice on how to find them. In section 8 and section 9 of this guide there is advice on some of the other kinds of records that contain maps showing rights of way and highways. 3.1 Definitive maps and statements 1949 to present Local authorities are required to make these resources available for public inspection. Some local archives may also hold old, as well as current, definitive maps and statements. Where the dominant land comprises both leasehold and freehold titles - for example, if an easement is granted for the benefit of a freehold title and a lease is subsequently granted out of that title with the benefit of the easement – interested parties will include those interested in both the freehold and leasehold titles.

Guidance for Local Highway Authorities: on crime prevention on public rights of way – designation of areas (applies to England only) where an easement is granted or reserved and the servient land is unregistered, that easement will need to be protected by way of a Class D(iii) land charge To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 11.1 Dominant and servient land registered Council” means a county council or local authority. “local authority” means - (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;…[See Paragraph 3(3) of Schedule 6] Section 69 (1) of the 1992 Act states that a precepting authority means a “major precepting authority” which has the meaning given by section 39(1), namely – (a) a county council in England …; (c) a parish or community council;: (d) the chairman of a parish meeting …, or a “local precepting authority” which has the meaning given by section 39(2) of the Local Government Finance Act 1992. Usually, deeds will need to be accompanied by a plan showing the dominant and servient land. See practice guide 40, supplement 2: preparing plans for HM Land Registry applications.Records include agreements, surveys, correspondence and maps. 8. Roads and rights of way on enclosure documents

In practice some authorities misunderstood the advice and used the symbols on their definitive map and statement. The symbols had no statutory status. Consequently, where they have been used they do not confirm the existence of public vehicular rights of way. Appendix 2: Definitions - a local authority Rights of Way Circular: Guidance for Local Authorities (applies to England only) Department of Transport CRES 35 (1706-1991) – by county or the name of a Crown estate e.g. Windsor or the word “roads” or the phrases “right of way” and “rights of way” expressly granted or referred to in the root deed, or expressly granted in a subsequent deed, and that appear to have passed to the applicant 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 grantRecords of the National Parks Commission and the Countryside Commission are held at The National Archives under the department reference COU.



  • Fruugo ID: 258392218-563234582
  • EAN: 764486781913
  • Sold by: Fruugo

Delivery & Returns

Fruugo

Address: UK
All products: Visit Fruugo Shop