Where a registered lease has terminated and an application is made in form AP1 to close the title, completion of the application will obviously mean removal of any entry in respect of the benefit of an appurtenant easement. 12.2.3 Abandonment Rights of Way Circular: Guidance for Local Authorities (applies to England only) Department of Transport

Search in the following series, in particular, for records related to long distance walking routes:See practice guide 64: prescribed clauses leases for further details of how to complete the prescribed clauses. If the dominant land is unregistered, the applicant should lodge evidence of title to the land in the same way as if the land was being conveyed. This section is principally concerned with cases similar to the first type mentioned in Legal easements in transfers and deeds of grant, meaning, where the titles to both the servient land and the dominant land are or will be registered. The difference is that, instead of transferring part of their land, the owner grants a lease of part of it and the lease includes an easement affecting or benefiting other land belonging to them. A highway over which the public have a right of way on foot only, not being a footway (see section 329(1) of the HA80 and section 336(1) of the TCPA90), or a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road (see section 66(1) of the WCA81). “Footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only (section 329(1) of the HA80). A highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used (see section 66(1) of the WCA81 and Advice Note 8).

For advice on searching for Valuation Office Field Books see section 4 of the Valuation Office survey guide. 11. Turnpike and toll roadsA highway, other than a public path, used by the public mainly for the purposes for which footpaths or bridleways are so used (see section 27(6) of the National Parks and Access to the Countryside Act 1949 (NPACA49 and Advice Note 12). Note: On commencement of section 47 of CROW 2000 on 2 May 2006 (in England) and 11 May 2006 (in Wales) the expression RUPP ceased to be used in any definitive map or statement to describe any way. Those ways shown as RUPPs on the commencement dates were instead to be regarded as restricted byways. There is the maxim “once a highway, always a highway”. Once a highway has come into being by whatever means it continues indefinitely no matter whether it is used or not. In the case of Harvey v Truro RDC ([1903] 2 Ch 638) Mr Justice Joyce said: where an easement is granted and the lease is registered, we cannot enter the benefit in the register for the leasehold estate as provision is only made for appurtenant legal easements to be registered 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.

On a transfer or lease, the transferee or tenant may, without an actual express grant, acquire easements affecting land retained by the transferor or landlord. This may be by virtue of section 62 of the Law of Property Act 1925 or the rule in Wheeldon v Burrows. And on a transfer or lease, the benefit of existing easements can automatically pass with the land. However, such creation and passing of easements can be prevented by a suitable provision in the transfer or lease. Many enclosure awards (legal documents recording the ownership and distribution of ‘enclosed’ land) contain information about the status of roads and other ways, including public paths and occupation roads. They may state who was responsible for their maintenance and for the maintenance of hedges and fences along the boundaries of fields. Some enclosure maps distinguish between major and minor roads but no inferences should be drawn from the absence of such information. The fourth edition has been completely revised. In this edition, two new chapters: The Management of Rights of Way; and Legal Action Over Rights of Way have been included. These draw together material previously distributed between other chapters. Substantial portions of the text have been re-written to reflect the many other changes in legislation over the last five years.Each local highway authority (county council or unitary authority) will have records of public rights of way in its area and local archives are therefore the best place to start a search. 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” It is the Inspectorate’s view that section 119(2)(b) does not restrict the point of connection of the diverted footpath, bridleway or restricted byway to a highway that is immediately connected to the highway to which the path formerly terminated. However, there must be some connection between the highway on which the way in question terminated before its diversion and that on which it would terminate after the diversion. Whether that connection is as substantially as convenient for the public is a matter of judgement for the Inspector subject to the test of reasonableness. Section 53(3)(c)(i) to (iii) covers such matters as the addition of a way to a definitive map, its deletion, or its upgrading or downgrading to another category of RoW.

FPs, BWs and RBs may be created by agreement between a local authority and anyone having power to dedicate such a way over the land in question, being in the local authority’s area (Highways Act 1980 (HA 80), section 25). Parish/community councils also have powers to create FPs and BWs by agreement if in their opinion it would be beneficial to the inhabitants of the parish or community (HA 80, section 30). Since they are created by agreement, these cases are not submitted to the Inspectorate for determination but may be relevant to other proposals. Affectionately known as the 'blue book', this definitive guide is written by two of the country's leading experts, and published by two of the leading organisations concerned with the protection of rights of way – the Ramblers and the Open Spaces Society.

Review:

any consents or certificates required in respect of charges or restrictions on the servient registered title; see Proving grantor’s power to make the grant To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 8.1 Benefit of equitable easements For an understanding of the Valuation Office survey carried out between 1910 and 1915 and more detailed advice on the records that were created as a result of it, see our Valuation Office survey guide. Other significant public acts affecting rights of way and highways, all available on legislation.gov.uk, include: Highway authorities also have a duty to waymark paths with arrows along the route so far as they consider it appropriate. Waymarking is a means of indicating the line or direction of a path away from metalled roads at points where it may be difficult to follow. There is a standard system of colour-coded arrows – yellow for footpaths, blue for bridleways, purple for restricted byways, and red for byways open to all traffic.