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Restrictions on the Use of Land

Restrictions on the Use of Land

Author: William Webster; Robert Weatherley
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854901975
Published In: November 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Restrictions on the Use of Land covers the law and practice in a number of fields which impact on the use of land and there is considerable focus on remedies for the infringement of rights in, on or over land.

The areas covered include easements, town and village greens, public rights of way, restrictive covenants, assets of community value (and the right of community groups to bid for listed land) along with selected elements of planning law.

Coverage in the case of the latter is broken down under three heads, namely the fundamentals of development control, appeals and enforcement, together with a wide ranging review of the law and practice affecting conservation and enhancement of both natural and man-made environments.

The book aims to provide readily accessible answers to a whole range of problems which commonly arise in the day to day practice of land lawyers, developers and other professionals involved in the development and/or realisation of valuable land assets in either the private or public sectors.

Its advantage lies in the fact that it is a single up to date reference book covering a broad range of topics which might otherwise only be found in a number of standard specialist texts.

"a valuable guide for those involved in the development and use of land"

The Journal of Planning and Environmental Law

The clear benefit of a book such as this for practitioners is its ability to offer a wealth of information at your fingertips, so that it can be quickly referred to or read in detail, depending on need. It is a handy signpost for legislation and case law, so that users can go on to explore topics in more detail if required.

The Law Gazette

PART I

EASEMENTS AND PROFITS À PRENDRE

1. Easements;

2. Creation of Easements and Profits;

3. Passing of Benefit and Burden of Easements and Profits à Prendre to Successors in Title;

4. Profits à Prendre;

5. Scope of Enjoyment of Easements and Profits à Prendre;

6. Particular Easements and Examples of Analogous Remedies of Relevance to Development;

7. Extinguishment of Easements and Profits à Prendre;

8. Registration of Easements and Profits à Prendre and Determination of Disputes

PART II

TOWN AND VILLAGE GREENS

9. Introduction to Town and Village Greens;

10. Post-registration Rights and Management;

11. Criteria for Registration in Commons Act 2006, Section 15;

12. De-registration and Exchange, Amending the Register to Cancel a Registration, Appropriation for Planning Purposes and Challenging Decisions of Registration Authorities;

13. Recent Reforms;

PART III

PUBLIC RIGHTS OF WAY

14. Introduction to Public Rights of Way;

15. Public Rights of Way – Definitions and their Creation;

16. Creation of Highways;

17. The Highway Authority, Ownership and Maintenance;

18. Maintenance and Adoption of Highways;

19. Interferences with Public Highways;

20. Stopping up and Diversion Orders;

21. Ascertaining and Recording Rights of Way;

22. Financial Provisions;

PART IV

RESTRICTIVE COVENANTS (FREEHOLD LAND);

23. Introduction to Restrictive Covenants (Freehold Land)

24. Positive and Negative Covenants and the Transmission of Benefit and Burden to Successors in Title of the Original Contracting Parties;

25. Enforceability of the Benefit of a Covenant;

26. Enforceability of the Burden of a Freehold Covenant;

27. Restrictive Covenants and Other Restrictions on the Use of Freehold Land in Public Ownership

28. Meaning and Construction of Certain Restrictive Covenants which Impact on the Development and Commercial Use of Land;

29. Litigation – Remedies and Practice;

30. Release, Discharge or Modification of Restrictive Covenants;

31. Restrictive Covenants – Planning and Compulsory Purchase;

PART V

ASSETS OF COMMUNITY VALUE;

32. Introduction to Assets of Community Value;

33. Listing Assets of Community Value – What Land Assets are Affected?;

34. Nominating an Asset for Inclusion in a Local Authority’s List of Assets of Community Value;

35. Procedure after a Duly Made Nomination Has Been Made;

36. Moratorium Requirements on Disposals of Listed Land;

37. Compensation and Enforcement;

38. How the Scheme is Working and Proposals for Reform;

PART VI

ELEMENTS OF PLANNING LAW;

39. Introduction to Elements of Planning Law;

40. Development Control;

41. Permitted Development;

42. Planning Permission;

43. Power to Make Non-material Changes to, or Otherwise Revoke or Modify, Existing Planning Permissions and the Liability of a Local Planning Authority to Pay Compensation;

44. Planning Conditions and Obligations and the Community Infrastructure Levy;

45. Purchase Notices and Blight Notices;

46. Appeals and Statutory Review of Planning Decisions;

47. Enforcement of Planning Control;

48. Certificates of Lawfulness;

49. Protecting the Natural Environment;

50. Listed Buildings and Conservation Areas;

51. Reforms in the Housing and Planning Act 2016;