Private Rights of Way

Author: Stephen Bickford-Smith; Christopher Jessel; Andrew Francis; Aaron Walder; Dr Keith Shaw
Publisher: LexisNexis U.K.
ISBN: 9780853088523
Published In: December 2012
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Private Rights of Way are a form of easement enjoyed by one owner of land over land in the ownership of another. They may be created by agreement or arise from long use. Serious practical issues frequently arise, such as for example:

legal enforceability, particularly where ownership has changed;
the purpose for which the way can be used;
the type of vehicles allowed;
whether the way is for vehicles or foot traffic only;
rights of parking;
access control;
obstructions; and
repair responsibilities

This new work sets out the law and practice relating to the creation, acquisition, maintenance, extinguishment, and remedies for wrongful interference with private rights of way.

In addition guidance is given on practical drafting issues, together with precedents, legal proceedings, including evidence and procedure are also covered. There is also a useful appendix examining survey methods to be taken into account when interpreting historical ordnance survey and aerial photography maps.

Private Rights of Way is essential reading for all property lawyers, surveyors and property developers.

The Property Law Context
Rights of Way Defined and Contrasted
Acquisition by Acts of the Parties
The Extent and Limits of Rights of Way Acquired through the Acts of the Parties
Practical Drafting Issues
Acquisition of Rights by Long Use
Acquisition of Rights of Way by Statutory Powers
Responsibility for Maintenance and Repairs
Extinguishment
Wrongful Interference with Rights of Way
Dealing with Disputes and Remedies to Ascertain Rights and Prevent Wrongful Interference
Relating to Rights of Way
Evidence and Procedure
Land Registration and Title

Appendices

Precedents
Survey Methods and Other Considerations to be Taken into Account in the Interpretation and Comparison of Historic Ordnance Survey
Mapping and Aerial Photography/Satellite Imagery Extracts from Land Registry Practice Guides

Stephen Bickford-Smith, Barrister, Landmark Chambers
Christopher Jessel, Consultant, Farrer & Co
Andrew Francis, Barrister, Serle Court
Aaron Walder, Barrister, Landmark Chambers
Dr Keith Shaw, Associate, Pinsent Masons LLP and Member, Durham University Law School