Rights of Way: A Guide to Law and Practice

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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

Note: See Retention of documents lodged with applications, regarding retention of documents sent to us. 5.1 Beneficial easements

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Where an implied or prescriptive easement is registered as appurtenant to a registered estate and the servient land is registered, we will enter a notice in the register for the servient land at the same time. 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. 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. Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms. 1. Overview consents or certificates required in respect of charges or restrictions in the grantor’s registered title

If there is no notice (perhaps because the servient land is unregistered), but the benefit of the easement has been entered in the register for the dominant land, then an application should be made for removal of the entry in form AP1, accompanied by evidence that the easement has been extinguished. Without doubt the law relating to Rights of Way is complex but in 1983 a book was published which was a comprehensive guide to the whole subject. The current edition, the 4th, was published in 2007. Both of these tests can be described as gateway tests - unless they are passed the decision-maker does not get to the third test.However, wherever possible we will enter full details in the register of appurtenant easements that are either: It is generally assumed in this guide that the lease is in the form of a deed. If the lease is merely in writing, then the easement can only be equitable. This means: Where the dominant land comprises both leasehold and freehold titles - for example, if an easement is granted for the benefit of a freehold title and a lease is subsequently granted out of that title with the benefit of the easement – interested parties will include those interested in both the freehold and leasehold titles. You will need to lodge a certified copy of the deed of release. 12.2.2 Determination of lease to which the easement is appurtenant The note can be cancelled without fee if an application is made using form AP1 enclosing the consent. 7.1.2 Restrictions

Records include agreements, surveys, correspondence and maps. 8. Roads and rights of way on enclosure documents To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 11.1 Dominant and servient land registered If no entry is made when the lease is registered, application for entry of the benefit of the easement can be made at a later date on form AP1 stating the benefiting title numbers in panel 2. 4.1.2.2 Dominant land is unregistered Tithe maps by parish and county in IR 30. Most maps in this series were drawn between 1837 and 1845In practice some authorities misunderstood the advice and used the symbols on their definitive map and statement. The symbols had no statutory status. Consequently, where they have been used they do not confirm the existence of public vehicular rights of way. Appendix 2: Definitions - a local authority If the lease is not a prescribed clauses lease we will consider the easements granted in the lease and make the appropriate entry in the register. 4.1.1.1 Servient land is registered There are large numbers of records relating to turnpikes in local archives and a significant number at The National Archives too. Search our catalogue with the following words and combinations for a variety of related records:

The consent of any legal mortgagee of the servient land to the grant of the easement should be lodged unless they have joined in the grant. If this consent is not lodged, we may proceed with entering the benefit of the easement in the register for the dominant land, but will add a note along the lines set out in Charges. Again, the note can be cancelled without fee if an application is made using form AP1 enclosing the consent. 8. Equitable easements If the easement has been protected by a unilateral notice, the beneficiary may apply for its removal using form UN2. Alternatively, the registered proprietor, or someone entitled to be registered as the proprietor, can apply for its cancellation using form UN4.

Practice guide 73: statements of truth gives information about the use of statements of truth in support of applications to us. 12.2.4 Unity of ownership and occupation AIR 2 contains a number of applications to the Railway and Canal Commission for authorisation to close rights of way. The records of the Crown Estate are held at The National Archives under the CRES department code. Some of these records contain information on rights of ways, roads and other highways, particularly when there were alterations to the land that affected rights of way, such as the building of new highways and turnpike roads. Tithe apportionments by parish and county in IR 29. Most records in this series date from between 1837 and 1845