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Vol 25 No 2 Feb/March 2020

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Private Rights of Way

ISBN13: 9780853088523
Published: November 2012
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback & CD-ROM
Price: Out of print

The Land Registration Act 2002 came into force on 13 October 2003 and changed the registration provisions in respect of rights of way.

A private right of way is a form of easement and these are enjoyed by the owner of a legal estate in land over other land owned by a different person. There are various different types of easement including boundary rights, rights of support, rights of access for repairs and rights of light.

In regards to rights of way, problems occur when:-

  • someone blocks or restricts the right of way
  • trying to decide who pays for maintenance of the right of way
  • the owner of the servient tenement wants to change the route of the right of way
  • either the dominant or servient tenement is transferred and the transferee raises enquiries concerning the right of way
This practical guide provides clear and comprehensive information ensuring that any problems arising from a private right of way can be handled quickly and efficiently.

Property Law
The Property Law Context
Rights of Way Defined and Contrasted
Acquisition by Act of the Parties
The Extent and Limits of Rights of Way Acquired through Acts of the Parties
Practical Drafting Issues
Acquisition of Rights by Long Use
Acquisition of Private Rights of Way by Statutory Powers
Responsibility for Maintenance Repairs, Lighting, Draining etc.
Wrongful Interference
Remedies to Prevent Wrongful Interference
Evidence and Procedure
Registration of Title and Related Matters