Many enclosure awards (legal documents recording the ownership and distribution of ‘enclosed’ land) contain information about the status of roads and other ways, including public paths and occupation roads. They may state who was responsible for their maintenance and for the maintenance of hedges and fences along the boundaries of fields. Some enclosure maps distinguish between major and minor roads but no inferences should be drawn from the absence of such information. Before we can enter the benefit of an easement in the register, we must be sure that it subsists as a legal interest. You must, therefore, lodge evidence that the grantor had power to grant the easement; see Proving grantor’s power to make the grant. If the evidence produced is not conclusive that a legal interest exists, we may either omit the right or enter a qualification note to the entry. However, wherever possible we will enter full details in the register of appurtenant easements that are either: To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 7.1 Servient land is registered 7.1.1 Charges certified copies of title documents to the servient land showing the grantor’s power to make the grant; see Proving grantor’s power to make the grant

Tithe maps by parish and county in IR 30. Most maps in this series were drawn between 1837 and 1845 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 easementsIt 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:

By a deed dated… made between… the [description of the right] referred to above has been extinguished. Full title to the servient land starting with a good root more than 15 years old at the date of the application and including Land Charges search results must accompany the application. 7.2.1 Charges consents or certificates required in respect of charges or restrictions in the grantor’s registered title 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. The legislation relating to public rights of way was amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 so as to apply most of the existing provisions applicable to footpaths and bridleways also to restricted byways. These Regulations came into force on 2 May 2006 in England. 2. Statutory Provisions 2.1 Highways Act 1980 Creation of Rights of Way

Details:

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.