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Private Rights of Way

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.
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Table of Contents

CONTENTS * 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. * Extinguishment * Wrongful Interference * Remedies to Prevent Wrongful Interference * Evidence and Procedure * Registration of Title and Related Matters * Appendices

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Stephen Bickford-Smith, Nick Taggart & Alison Oakes Barristers, Landmark Chambers

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