Rights of Way - Practical Guidance for Conveyancers

Introduction

It is no use conveyancing a property if the client can’t get in and out of it - is there a formal right, a legal easement, or is it merely equitable or even a personal licence? Has it been abandoned?

This is an area of the law which may be subject to wholesale changes, both as a result of the Law Commission Report (‘Making Land Work’) long overdue for implementation and expanding as case law catches up with changes in modern society.

This live broadcast session will review the established law and illustrative examples which affect your day to day practice and procedure.

What You Will Learn

This live and interactive session will cover the following:

• The established law and practice on easements generally, how may they be created, implied and express rights
• Can a right of way granted to one plot of land be used to access a second plot? Parker v Roberts [2019] and Gore v Naheed
• Prescription - The Prescription Act 1832
• Will a right of way be implied in favour of a seller on a transfer of part of its title?
• Is a developer entitled to a right of way based on the expectations of his predecessor in title?
• Loss and abandonment of a right of way, their extent and interpretation
• Easements and Land Registry - a look at Practice Guide 62 - how and when you must register and what is the result if you get it wrong - the ‘registration gap’
• Will the courts support only a literal reading of the rights granted or take a sensible interpretation?
• A look at s237 Town and Country Planning Act 1990 and s203 Housing and Planning Act 2016 - the public interest and private rights
• Can a right to park can ever be a legal easement?
• Law Commission proposals - on prescriptive rights, abandonment and release
• UK Finance conditions/CML and Standard Conditions of Sale 5th Edition - what to look out for
• Public rights of way

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.