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The second edition of this accessible book is a single up-to-date reference work which discusses a broad range of public and private law topics which directly impact on the use and development of land. In addition to new chapters on wayleaves, planning enforcement, and trees and hedgerows, this updated edition includes coverage of significant recent cases such as:
• EASEMENTS: Regency Villas Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 (a case discussing the four essential requirements of an easement), together with some recent authorities on prescription, such as Hughes v Benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC).
• TOWN AND VILLAGE GREENS: TW Logistics Ltd v Essex County Council [2021] AC 1050 (the post-registration rights of a landowner and the interplay with the so-called ‘Victorian Statutes’) and R (Bellway Homes Ltd) v Kent County Council [2022] EWHC2593 (trigger events under s.15C of the Commons Act 2006).
• PUBLIC RIGHTS OF WAY: DPP v Ziegler [2021] UKSC 23 (the interplay between a person’s right to protest and the obligation not to obstruct the highway) and R (Monckton) v Staffordshire County Council [2022] EWHC 3049 (Admin) (judicial review in the case of a modification order before it was confirmed).
• RESTRICTIVE COVENANTS: Birdlip Ltd v Hunter [2016] EWCA Civ 603 (the prerequisites for a building scheme) and Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 (a case which involves a modern restatement of the law of private nuisance in the context of visual intrusion).
• ASSETS OF COMMUNITY VALUE: Banner Homes Ltd v St Albans District Council [2018] EWCA Civ 1187 (a case discussing the meaning of ‘actual use’ in section 88(2)(a) of the Localism Act 2011) and R (TV Harrison CIC) v Leeds City Council [2022] EWHC 130 (Admin) (a judgment which cites from four decisions of the FTT)).
Author Biography
William Webster was called to the Bar in 1975. He is a member of 3 Paper Buildings, practising in the areas of land and planning. Robert Weatherley is a barrister specialising in property work at 3 Paper Buildings. His practice encompasses traditional land.
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