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Private Rights of Way are a form of easement enjoyed by one owner of land over land in the ownership of another. Problems often occur when someone blocks or restricts a right of way, or where one of the parties wishes to change the route of the right of way, or when the properties affected are transferred. Disputes over the maintenance of the right of way are also common. This new work sets out the law and practice relating to the creation, acquisition, maintenance, extinguishment, and remedies for wrongful interference with private right of way. In addition, guidance is given on practical drafting issues as well as evidence and procedure, together with precedents. Relevant statutory provisions in an updated form is included in an appendix. It is an essential reading for all property lawyers, surveyors and property developers.
Table of Contents
Definitions and classes of public rightsof way and analogous rightsThe legal interests and rights ofhighway authorities, landowners,users and utility companiesCreation of public rights of wayExtinguishment and diversion ordersRecording rights of wayConfirmation of ordersAscertaining public rights of wayMaintenance of highwaysInterference with public rights of wayManagement, common problemsand conservationBackground to the Countryside andRights of Way Act 2000Access landRights and obligations of the publicRights and obligations of ownersand occupiersEntry to access landManagementAppendices
Stephen Bickford-Smith, Nick Taggart & Alison Oakes Barristers, Landmark Chambers