If the easements are reserved for the benefit of other land in the registered title out of which the lease was granted, the easement is included in the landlord’s registered title by way of the entry in the register for that registered title referred to in Servient land is registered. We need consider only easements reserved (or granted for the benefit of land owned by a third party) if they are referred to in clause LR11.2. If this clause is not completed correctly we are is not obliged to make an entry as to the benefit in the register of the benefiting title(s). If an entry is omitted in this situation you may make an application using form AP1 either at the time the lease is registered or subsequently for the easements reserved (or granted) in the lease to be registered. 4.1.2.1 Dominant land is registered Both of these tests can be described as gateway tests - unless they are passed the decision-maker does not get to the third test. Competent authority” means (a) in the case of development authorised by a planning permission, the local planning authority who granted the permission or, in the case of a permission granted by the Secretary of State, who would have had power to grant it; and (b) in the case of development carried out by a government department, the local planning authority who would have had power to grant planning permission on an application in respect of the development in question if such an application had fallen to be made. (see Section 257(4)) “Local Authority” means (except in section 252…) (a) a billing or precepting authority (except the Receiver for the Metropolitan Police District), as defined in section 69 of the Local Government Finance Act 1992….. (see Section 336 (1)) “Precepting Authority” means (a) a county council…a “local precepting authority” means ….. (c) a parish or community council; (d) the chairman of a parish meeting… (see Section 39(2) Local Government Finance Act 1992) Section 69 of the 1992 Act states that a “local precepting authority” has the meaning given by section 39(2) above.

The grant or reservation of the legal easement is a registrable disposition. To register the disposition you must apply using form AP1. The title numbers of all the registered titles involved (servient and dominant) must be entered in panel 2. The application should include: any consents or certificates required in respect of charges or restrictions in the servient registered title; see Proving grantor’s power to make the grantIn addition, ways described as roads used as a public paths (RUPPs) can be found in many early definitive maps. Section 54 of WCA 81 required that all RUPPs be reclassified as a FP, BW or BOAT and many were, but this requirement was superseded in May 2006 when sections 47-51 of the Countryside and Rights of Way Act 2000 came into force. This provided for all RUPPs still shown on definitive maps on 2 May in England to be automatically converted to restricted byways. The expression “road used as a public path” is no longer used to describe ways in definitive maps.

papers of the Treasury Solicitor from the early 16thcentury in TS 18 and TS 28 (search with “stopping up”, “rights of way” or “right of way”) Some 140,000 miles of the Rights of Way network are recorded on definitive maps in England. These were originally prepared under Part IV of the National Parks and Access to the Countryside Act 1949. The Act covered England but there were some areas, notably the administrative county of London and those of county boroughs, in respect of which there was a choice of whether to adopt the relevant provisions. Fully developed areas could also be excluded by resolution of county councils. Before 1835 a landowner could declare or, in the conventional legal language, could ‘dedicate’ a road as a public right of way and it automatically became the liability of the public to repair it – whether it was of any great utility or not. This changed with the 1835 Highways Act, Section 23 of which established that if a landowner proposed to dedicate a road or bridleway as a public highway and intended that it would be repaired by the public, notice had to be given in writing to the surveyor of the parish. 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.

With the public availability of definitive maps, Ordnance Survey maps at 1:50,000 and 1:25,000 scales, from 1960 onwards, do indicate rights of way including footpaths, bridleways, restricted byways and byways open to all traffic, based on the definitive maps. Some of these notices survive in local archives but there are none in The National Archives. This element of the law was repealed by the Highways Act 1959. 7. Records of rights of way and highways on land owned by the Crown 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.

Those specified factors in Test 3 must be taken into account by the decision-maker but the expediency test is not limited to those matters, as confirmed by the Court of Appeal in The Open Spaces Society v SSEFRA [2021] EWCA Civ 241. The decision-maker may have regard to any other relevant matter including, if appropriate, the interests of the owner over which the path currently passes, or the wider public interest. Use of the word “expedient” indicates that a broad judgement is to be made and it will be for the decision-maker to weigh the different considerations. 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. 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.in the case of a prescribed clauses lease you enter the title number of the benefiting titles in clause LR2.2 If LR11.1 has not been completed correctly no entry will be made in the leasehold register in respect of the benefit of any easements granted by the lease. If an entry is omitted in this situation you may make an application using form AP1 either at the time the lease is registered or subsequently for the easements granted in the lease to be registered. The entries referred to in Easements granted, that will appear in leasehold registers where the lease contains easements, also refer to easements reserved. Thus there is a notice entered in the register of the servient leasehold title in respect of any easements reserved in the registered lease. If the lease contains no beneficial easements (or we are not entering them in the register because clause LR11.1 has been completed incorrectly) an entry will be made in the charges register in respect of the rights reserved by the lease. 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” CRES 2 (1513-1913) – by county or place name or the word “roads” or the phrases “right of way” and “rights of way”

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.Search in the following series, in particular, for records related to long distance walking routes: See section 8 of our Ordnance Survey guide for more information on where to find Ordnance Survey maps. 4. Rights of way and highway legislation The reservation is not a registrable disposition, but there is a legal easement when the lease is granted reserving easements in favour of other registered land. Usually, deeds will need to be accompanied by a plan showing the dominant and servient land. See practice guide 40, supplement 2: preparing plans for HM Land Registry applications.