Rights of Way: A Guide to Law and Practice

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However, wherever possible we will enter full details in the register of appurtenant easements that are either: 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. 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).

Local authority” means a non-metropolitan district council, a parish council or the parish meeting of a parish not having a separate parish council. (see Schedule 14(5) and 15(13)) Mere disuse of a highway cannot deprive the public of their rights. Where there has once been a highway no length of time during which it may not have been used will preclude the public from resuming the exercise of the right to use it if and when they think proper. 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”. The difference on the ground between footpaths (for walkers only) and bridleways (for walkers and horse riders) is the width of the paths. Cross-field paths must have a minimum width of 1metre for a footpath and 2 metres for a bridleway. A field-edge path must be 1.5 metres for a footpath and 3 metres for a bridleway. The crop (other than grass) must be kept clear of the PRoW to ensure that it remains free of crop for at least the minimum width at all times. Affectionately known 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.”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 Papers about Ordnance Survey policy regarding the depiction of rights of way are in OS 1 and OS 11. FPs, BWs and RBs may be created by agreement between a local authority and anyone having power to dedicate such a way over the land in question, being in the local authority’s area (Highways Act 1980 (HA 80), section 25). Parish/community councils also have powers to create FPs and BWs by agreement if in their opinion it would be beneficial to the inhabitants of the parish or community (HA 80, section 30). Since they are created by agreement, these cases are not submitted to the Inspectorate for determination but may be relevant to other proposals. 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 If 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

any other party whose interest was noted in the register for the dominant land and who would be adversely affected by the release. For example, if there was a contract for sale noted in the register for the dominant land, the person having the benefit of the contract would have to be a party or consent

Note: See Retention of documents lodged with applications, regarding retention of documents sent to us. 3.1 Dominant and servient land registered Rights of Way Circular: Guidance for Local Authorities (applies to England only) Department of Transport 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

AIR 2 contains a number of applications to the Railway and Canal Commission for authorisation to close rights of way.This section is principally concerned with two types of case. One is where the owner of land (that might be registered or unregistered) transfers part of the land and the transfer includes an easement affecting or benefiting the retained land. The other is where there is an independent deed of grant. Ocr tesseract 4.1.1 Ocr_detected_lang en Ocr_detected_lang_conf 1.0000 Ocr_detected_script Latin Ocr_detected_script_conf 0.9854 Ocr_module_version 0.0.11 Ocr_parameters -l eng Old_pallet IA-NS-2000206 Openlibrary_edition Records include agreements, surveys, correspondence and maps. 8. Roads and rights of way on enclosure documents 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.