Access & Rights Over Land Flashcards
What did the Countryside and Rights of Way Act 2000 do?
(CROW Act)
Granted a public right of access to land, specifically ‘open country’ (mountain, moor, heath and down) and registered common land / open access land
What are some restrictions under the CROW Act 2000?
- Vehicular access
- Horse-riding and cycling
- Camping
- Organised games
- Commercial activities
- Fire
- Littering
- Damage to property
- Disturbing wildlife
What are landowners entitled to do under the CROW Act 2000?
Restrict public access for any reason for up to 28-days a year
Exclude dogs on grouse moors and during lambing season
Dogs must be kept on a lead between March 1st and 31st July
What can people do under the CROW Act 2000?
- Walk
- Sightsee
- Bird-watch
- Climb
- Run
What is ‘excepted land’ under the CROW Act 2000?
Land that access is excluded from, such as:
* Buildings and their curtilage - courtyards
* Land within 20 meters of a dwelling or building containinf livestock
* Parks and gardens
* Quarries
* Golf courses and racecourses
Who is the regulatory authority for AONB’s?
Local Authority / Council
NE provides guidance to be followed
What are the key principles of the Water Industries Act 1991?
- Established the mian duties and powers of water and sewerage companies
- Outlines requirements for safe drinking water
- Sets out obligations for maintaining public sewers and ensures that water and sewerage services are provided effectively
- Granted wayleave powers
What are the key principles of the Electricty Act 1989?
- Focused on the privitisation of the electricty supply in the UK
- Established a regulatory framework
- Provided consumer protection and competition in the market
- Granted wayleave powers
What is the difference between a wayleave and an easement?
Wayleave:
* A contractual agreement between a landowner and a utility company to allow for the installation and maintenance of equipment on private land
* Usually short term but can vary, are time limited and can be terminated
* Annual payments for the duration of the agreement
* Typically not registered with LR
* Do not bind future land owners
Easement:
* A legal right that allows one party to use anothers for a specific purpose, such as laying cables or pipes
* Continues in perpituity and binds future owners
* One-off payments
* Typically registered with LR
What is encroachment?
Where a structure or feature from one property extends onto or interferes with an adjacent property without permission. This can include structures like fences, sheds, or buildings, as well as natural elements like trees or shrubs whose roots or branches cross property lines. Encroachment can lead to boundary disputes and legal issues between neighbors
What is Adverse Possession?
Oftern referred to as ‘squatters rights’, is a legal concept that allows someone to claim ownership of land they have occupied without the owners permission for a certain period, if they meet the specific legal requirements
What are the key aspects of Adverse Possession?
- Factual and physical control over the land, treating it as their own
- Continuous and uninterrupted possession - 10 years for registered land - 12 years for unregistered land
- Possession must be without owners consent
- Open and not secret, so that the owner could have been aware of the occupation
- Must have exclusive control over the land, the only ones using it in a way an owner would
What legislation governs Adverse Possession?
Limitation Act 1980
Land Registration Act 2002
What are the key principals of the Railways Act 1993?
- Established the legal framework for the privitisation of British Rail
- Granted wayleave powers
- Provided a regulatory framework
What are two rights and responsibilities of a licensor and licencee under a wayleave agreement?
Lincensor:
* Right to recieve compensation
* Right to grant access
Licencee:
* Responsibility for damage
* Right of access
What are the key principals of the Highways Act 1980?
Establishes the management and operation of the road network, footpaths, verges and cycle tracks
Outlines responsibilities for highway authorities and land owners to maintain these highways
Grants highways authorities power to improve, maintain and provide highways
Sets out process for extinguishing rights of way such as footpaths that are no longer needed for public use
Whats the difference between a permitted and permissive footpath?
Permitted:
A legal public right of way
Not up to landowners discretion
Permissive:
Not a legal public right of way
Landowners discretion, can remove whenever and impose restricitons
What is a permissive footpath agreement?
A voluntary agreement where a landowner allows the public to use a path on their land but with the understanding that it does not become a legally protected right of way
What is S.30 under the Highways Act 1980?
Outlines how a parish or community council can dedicate a highwway by agreement with a person who has the authority to do so. Enables council to enter into a contract with an individual or entity to establish a PROW on their land. Empowers local council to actively participate in creation and maintainance of local road infrastructure through agreementd with landowners
What is a S.31(1) under the Highways Act 1980?
Defines the process of presumed dedication of a PROW. If it has been used for 20 years or more, it is deemed a dedicated highway unless there is sufficient evidence that there was no intention to dedicate it
What is a S.31(6) under the Highways Act 1980?
Allows landowners to deposit a map, statement and declaration with the local authority. Protects their land from future claims of PROW based on public usage. Allows landowners to acknowledge esisting PROW while also declaring thier lack of intention to dedicate any further routes
What are the different PROW?
(4)
Foopaths
Bridleways
Restricted by-ways
By-ways Open to All Traffic (BOATs)
What are Historic Rights of Way
Public paths which may have existed for hundreds of years. These are paths that could be recorded and are not
UK Gov. repealed decision for all historic rights to way to be recorded by 2031, saving them
What is the Definitive Map?
This is the legal record of public rights of way and was established by the Atlee government when they passed the National Parks and Access to the Countryside Act 75 years ago
