Rights of Way: A Guide to Law and Practice

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See practice guide 64: prescribed clauses leases for further details of how to complete the prescribed clauses. In addition, ways described as roads used as a public paths (RUPPs) can be found in many early definitive maps. Section 54 of WCA 81 required that all RUPPs be reclassified as a FP, BW or BOAT and many were, but this requirement was superseded in May 2006 when sections 47-51 of the Countryside and Rights of Way Act 2000 came into force. This provided for all RUPPs still shown on definitive maps on 2 May in England to be automatically converted to restricted byways. The expression “road used as a public path” is no longer used to describe ways in definitive maps. Other significant public acts affecting rights of way and highways, all available on legislation.gov.uk, include:

This guide provides advice on where to look for records of public rights of way, roads and other highways in England and Wales. The National Archives is not the best place to start looking for these kinds of records and much of the advice in this guide directs you elsewhere. Under section 56 of the Wildlife and Countryside Act 1981 (WCA 81), a definitive map and statement is conclusive evidence of certain particulars contained in it, as at the relevant date (defined in section 56(2)). The general rule is that where a map shows a way as of a particular category of highway it is conclusive of certain public rights of way over it at the relevant date, but that is without prejudice to the existence of higher rights. So, for example, where it shows a footpath that is conclusive of public rights of way on foot, but not that there are not bridleway or carriageway rights. To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 8.1 Benefit of equitable easements

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Where there is a clause in a lease (in the case of a prescribed clauses lease, the clause should be included or referred to preferably in panel LR4 but can be instead in LR11) to the effect that the property is let or demised without the benefit of any existing easements, any entries in respect of the benefit of existing easements in the landlord’s title will not be carried forward to the tenant’s title. Where the clause is to the effect that the property is let or demised with the benefit of only those existing easements which are expressly referred to in the lease, only the entries in the landlord’s title expressly referred to in the lease will be carried forward to the tenant’s title. Where it is unclear whether the effect of the clause is to prevent the benefit of an existing easement passing, the relevant entry will not be carried forward. 10.3 Preventing both the creation and passing of easements

Tithe maps and apportionments can, nevertheless, be rich in detail and some, as well as showing rights of way, can include information about: 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. Full title to the servient land starting with a good root more than 15 years old at the date of the application and including Land Charges search results must accompany the application. 7.2.1 Charges CRES 35 (1706-1991) – by county or the name of a Crown estate e.g. Windsor or the word “roads” or the phrases “right of way” and “rights of way” 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.Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms. 1. Overview The consent of any legal mortgagee of the servient land to the grant of the easement should be lodged unless they have joined in the grant. If this consent is not lodged, we may proceed with entering the benefit of the easement in the register for the dominant land, but will add a note along the lines set out in Charges. Again, the note can be cancelled without fee if an application is made using form AP1 enclosing the consent. 8. Equitable easements 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. John Riddall and John Trevelyan, Rights Of Way: A Guide to Law and Practice, 4th edition (Henley-on-Thames and London, 2007). This and previous editions are often called the ‘Blue Book’.