Rights of Way: A Guide to Law and Practice

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Rights of Way: A Guide to Law and Practice

Rights of Way: A Guide to Law and Practice

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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”. Tithe apportionments by parish and county in IR 29. Most records in this series date from between 1837 and 1845

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. The position would appear to be similar where the tenant assigns part of the land with the benefit of an easement granted in an unregistered lease.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.

With the public availability of definitive maps, Ordnance Survey maps at 1:50,000 and 1:25,000 scales, from 1960 onwards, do indicate rights of way including footpaths, bridleways, restricted byways and byways open to all traffic, based on the definitive maps. Where the lease is a prescribed clauses lease any easements reserved (or granted for the benefit of land owned by a third party) in the lease should be referred to in clause LR11.2. See practice guide 64: prescribed clauses leases for further details of how to complete the prescribed clauses. Note: As the legislation allows for the benefit of only legal easements to be included in a registered title, the benefit of any equitable easements that happened to be referred to in the register for the dominant land (perhaps as a result of being mixed with legal easements) would not be included in the registered title. 8.2 Burden of equitable easements 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 the easement has arisen by prescription, see practice guide 52: easements claimed by prescription. A highway over which the public have a right of way on foot only, not being a footway (see section 329(1) of the HA80 and section 336(1) of the TCPA90), or a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road (see section 66(1) of the WCA81). “Footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only (section 329(1) of the HA80). in the case of a prescribed clauses lease you enter the title number of the benefiting titles in clause LR2.2



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