A 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.

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

Your Organisation

If there is a notice entered in the register for the servient land and the benefit has been entered in the register for the dominant land, you need to make an application in form AP1 for removal of both entries, giving both title numbers in panel 2 and lodging evidence that the easement has been extinguished. Test 1: whether the diversion is expedient in the interests of the owner, lessee or occupier of land crossed by the path or of the public (as set out in section 119(1) and subject to section 119(2) – see paragraphs 2.31 and 2.32 above). This was described in R (Hargrave) v Stroud District Council [2001] EWHC Admin 1128, [2002] JPL 1081 as being a low test. where an easement is granted or reserved and the servient land is unregistered, that easement will need to be protected by way of a Class D(iii) land charge

Records include agreements, surveys, correspondence and maps. 8. Roads and rights of way on enclosure documents 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. By a deed dated… made between… the [description of the right] referred to above has been extinguished.

Why Register with Mondaq

If the easement is reserved for the benefit of land in other registered titles we will enter the benefit of the easement in the register of those titles providing either: Now in its fourth edition, the book was revised and updated by John Riddall and John Trevelyan, two of the leading experts on rights of way law in England and Wales. It is essential reading for anyone involved in rights of way work as well as a fascinating record of the historical and contemporary use of the footpath network. 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 book analyses all the legislation affecting rights of way in England and Wales and explains the current legal lay of the land in contemporary and accessible terms. The Blue Book aims to state the law as at 1 October 2006 and is an essential work of reference for anyone whose work involves rights of way - either as a professional or as a volunteer - and is also a fascinating book for those interested the historical and contemporary usage of the unique network of public paths in England and Wales.” The book analyses all the legislation affecting rights of way in England and Wales and explains the current legal lay of the land in contemporary and accessible terms. "The Blue Book" aims to state the law as at 1 October 2006, and is an essential work of reference for anyone whose work involves rights of way – either as a professional or as a volunteer,and is also a fascinating book for those interested the historical and contemporary usage of the unique network of public paths in England and Wales. Mere disuse of a highway cannot deprive the public of their rights. Where there has once been a highway no length of time during which it may not have been used will preclude the public from resuming the exercise of the right to use it if and when they think proper.

Note: See Retention of documents lodged with applications, regarding retention of documents sent to us. 10. Provisions preventing the creation or passing of easements Where the lease is a prescribed clauses lease any easements reserved (or granted for the benefit of land owned by a third party) in the lease should be referred to in clause LR11.2. See practice guide 64: prescribed clauses leases for further details of how to complete the prescribed clauses. where it is on a highway) otherwise than to another point which is on the same highway, or another one connected with it, and which is substantially as convenient to the public.

Supplier:

When an easement has been extinguished and is referred to in the register of title, an application should be made for the entry or entries to be removed.

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 A highway being either a footpath, bridleway or restricted byway (see section 66(1) of the WCA81, as amended by paragraph 9 of Schedule 5 CROW 2000, and section 27(6) of the NPACA 49). 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.

Tithe maps and apportionments can, nevertheless, be rich in detail and some, as well as showing rights of way, can include information about: To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 8.1 Benefit of equitable easements in the case of a prescribed clauses lease you enter the title number of the benefiting titles in clause LR2.2