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 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. This entry will not be made if the clause is in a lease (in panel LR4 or LR11 in the case of a prescribed clauses lease). Note: See Retention of documents lodged with applications, regarding retention of documents sent to us. 5.1 Beneficial easements 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.

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Rights of Way Circular: Guidance for Local Authorities (applies to England only) Department of Transport Tithe maps by parish and county in IR 30. Most maps in this series were drawn between 1837 and 1845 To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 7. Proving grantor’s power to make the grant This section is principally concerned with cases similar to the first type mentioned in Legal easements in transfers and deeds of grant, meaning, where the titles to both the servient land and the dominant land are or will be registered. The difference is that, instead of transferring part of their land, the owner grants a lease of part of it and the lease includes an easement affecting or benefiting other land belonging to them. There is the maxim “once a highway, always a highway”. Once a highway has come into being by whatever means it continues indefinitely no matter whether it is used or not. In the case of Harvey v Truro RDC ([1903] 2 Ch 638) Mr Justice Joyce said:

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 The legislation relating to public rights of way was amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 so as to apply most of the existing provisions applicable to footpaths and bridleways also to restricted byways. These Regulations came into force on 2 May 2006 in England. 2. Statutory Provisions 2.1 Highways Act 1980 Creation of Rights of WayIf the lease is not a prescribed clauses lease we will consider the easements granted in the lease and make the appropriate entry in the register. 4.1.1.1 Servient land is registered To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 4.1 Easements in registered leases Guidance for Local Highway Authorities: on crime prevention on public rights of way – designation of areas (applies to England only)

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 Rights Of Way: A Guide to Law and Practice (or 'The Blue Book' as it is unofficially known) is the definitive guide to rights of way law in England and Wales. It was published jointly by the Ramblers and the Open Spaces Society in 2007. See practice guide 64: prescribed clauses leases for further details of how to complete the prescribed clauses. papers of the Treasury Solicitor from the early 16thcentury in TS 18 and TS 28 (search with “stopping up”, “rights of way” or “right of way”)

Why Register with Mondaq

records of both the proposed closure of old highways and footpaths consequent on enclosure of lands, and also the provision of alternative ways to replace the old roads and paths are in inquisitions ad quod damnum from at least the early 17th century until the 19th century, in C 202– information can include the dimensions of ways and local field names over which the routes were to pass (there is an index in the printed version of this series, available only at our building in Kew) A highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used (see section 66(1) of the WCA81 and Advice Note 8). Both of these tests can be described as gateway tests - unless they are passed the decision-maker does not get to the third test. 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.

By a deed dated… made between… the [description of right and deed contained in] was expressed to be released but the validity of the release has not been determined. Under section 56 of the Wildlife and Countryside Act 1981 (WCA 81), a definitive map and statement is conclusive evidence of certain particulars contained in it, as at the relevant date (defined in section 56(2)). The general rule is that where a map shows a way as of a particular category of highway it is conclusive of certain public rights of way over it at the relevant date, but that is without prejudice to the existence of higher rights. So, for example, where it shows a footpath that is conclusive of public rights of way on foot, but not that there are not bridleway or carriageway rights. A highway being either a footpath, bridleway or restricted byway (see section 66(1) of the WCA81, as amended by paragraph 9 of Schedule 5 CROW 2000, and section 27(6) of the NPACA 49).

Where an equitable easement is granted in a transfer of registered land we will automatically enter notice of the easement in the register for the servient land providing the title number is entered in panel 2 of the form AP1. A separate application using form AN1 or form UN1 is not required. As stated in Benefit of equitable easements we will not enter the benefit of an equitable easement in the register. Where it is claimed that an easement has been extinguished by statute, we shall require a certified copy of the statute in question unless it is a Public General Act. 13. Objections