Rights of Way: A Guide to Law and Practice

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For advice on searching for Valuation Office Field Books see section 4 of the Valuation Office survey guide. 11. Turnpike and toll roads Each local highway authority (county council or unitary authority) will have records of public rights of way in its area and local archives are therefore the best place to start a search. 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 following sections suggest forms of wording to use to exclude the operation of section 62 or the rule in Wheeldon v Burrows, and to prevent the benefit of existing easements from passing. Use of this wording is not compulsory, but it will ensure that the practice set out below is followed. 10.1 Preventing the creation of easements 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 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 See the very useful guide to definitive maps (PDF) published by GOV.UK for an in-depth explanation of the maps themselves, rights of way in general and the legal framework that underpins it all. 3.2 Ordnance Survey maps 1951-2009 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.

To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 8.1 Benefit of equitable easements The note can be cancelled without fee if an application is made using form AP1 enclosing the consent. 7.1.2 Restrictions The grant or reservation is a registrable disposition. To register the grant or reservation you must apply using form AP1 or form AN1. The title numbers of the registered servient titles must be entered in panel 2 of either form. The application should include: 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.

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). 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.

Why Register with Mondaq

Tithe maps and apportionments can, nevertheless, be rich in detail and some, as well as showing rights of way, can include information about:

Where a registered lease has terminated and an application is made in form AP1 to close the title, completion of the application will obviously mean removal of any entry in respect of the benefit of an appurtenant easement. 12.2.3 Abandonment Before we can enter the benefit of an easement in the register, we must be sure that it subsists as a legal interest. You must, therefore, lodge evidence that the grantor had power to grant the easement; see Proving grantor’s power to make the grant. If the evidence produced is not conclusive that a legal interest exists, we may either omit the right or enter a qualification note to the entry. 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. However, wherever possible we will enter full details in the register of appurtenant easements that are either: CRES 2 (1513-1913) – by county or place name or the word “roads” or the phrases “right of way” and “rights of way”

Review:

If LR11.1 has not been completed correctly no entry will be made in the leasehold register in respect of the benefit of any easements granted by the lease. If an entry is omitted in this situation you may make an application using form AP1 either at the time the lease is registered or subsequently for the easements granted in the lease to be 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 Highway authorities have a duty to put up signposts at all junctions of footpaths, bridleways and byways with metalled roads. The signs must show whether the path is a footpath, bridleway, restricted byway or byway open to all traffic (BOAT) and may also show other information such as destination and distance. Some 140,000 miles of the Rights of Way network are recorded on definitive maps in England. These were originally prepared under Part IV of the National Parks and Access to the Countryside Act 1949. The Act covered England but there were some areas, notably the administrative county of London and those of county boroughs, in respect of which there was a choice of whether to adopt the relevant provisions. Fully developed areas could also be excluded by resolution of county councils.

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. 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. 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). Without doubt the law relating to Rights of Way is complex but in 1983 a book was published which was a comprehensive guide to the whole subject. The current edition, the 4th, was published in 2007.

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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”. Note: See Retention of documents lodged with applications, regarding retention of documents sent to us. 5.1 Beneficial easements If no entry is made when the lease is registered, application for entry of the benefit of the easement can be made at a later date on form AP1 stating the benefiting title numbers in panel 2. 4.1.2.2 Dominant land is unregistered