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Private Rights of Way

Private Rights of Way

  • Author:
  • Publisher: Jordan Publishing
  • 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

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