Private Rights of Way

Private Rights of Way
Private Rights of Way
Bickford-Smith, S
Jordan Publishing Ltd

Private rights of way are one of the most important easements for landowners and developers. They may be created in many ways including long user, yet their existence may not be recorded at the Land Registry.

This new publication is the only work to deal exclusively with private rights of way. It takes a practical approach to the anticipation and resolution of problems, and provides detailed coverage of practice and procedure relating to disputes both in court and the land registry adjudicator.

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, 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
  • 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 a useful appendix examining survey methods to be taken into account when interpreting historical ordnance survey maps and aerial photography.

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