Q&As

Case Study: Easements by long use, public rights of way and public path orders.

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Published on LexisPSL on 01.08.2017

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  • Case Study: Easements by long use, public rights of way and public path orders.

Case Study: Easements by long use, public rights of way and public path orders.

Case Study

A car park has a third floor walkway which connects over a road to another piece of land owned by a third party. The local search does not show that this is public right of way. There is no reference to the right to use this walkway in either the dominant or servient land registered titles. Does this mean that the right has fallen away? Is there any legislation or HM Land Registry procedure or protocol that requires that in order to be valid and enforceable rights of way must be registered on title? And if not registered, can a class of people apply for a walkway to become a public right of way under the Prescription Act 1832 (PA 1832) and if so, what is the process they would have to follow?

An easement may be established by long use by statute (PA 1832).

See Practice Note: Acquisition of easements by long use for more information.

However, this is in relation to private rights of way.

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways and remain in existence until legally closed, diverted or extinguished. It is a criminal offence to obstruct a PROW.

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