Law of Property Act 1925: Primary legislation governing easements and rights of way in England and Wales. Contains key provisions for creating legal interests in land and the formal requirements for their creation.
Land Registration Act 2002: Sets out the requirements for registration of rights of way with the Land Registry, including priority rules and protection of interests. Crucial for ensuring the enforceability of the right of way.
Prescription Act 1832: Historical legislation that governs how rights of way can be acquired through long use (prescription). Important for understanding the broader context of rights of way in English law.
Common Law Principles: Legal principles established through case law requiring: dominant and servient tenements, accommodation of dominant tenement, clear definition of rights, and capability of being granted.
Land Registry Requirements: Technical requirements from the Land Registry regarding form, content, plans and documentation standards for registering rights of way.
Planning Law: Considerations of any relevant planning restrictions and conservation area requirements that might affect the right of way.
Environmental Protection Act 1990: Environmental legislation that may impact the creation and use of rights of way, particularly in environmentally sensitive areas.
Wildlife and Countryside Act 1981: Legislation protecting wildlife and natural habitats that may need to be considered when establishing rights of way in certain areas.
