Public rights of way and definitive maps

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Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...
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9th Nov
Practice notes
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...
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9th Nov
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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9th Nov

Most recent Public rights of way and definitive maps content

Q&As
The simple answer to this question is—no, provided that the security barrier is safe for pedestrian access.A security barrier is typically a gate,...
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Produced in partnership with Alastair Frew of Lodders Solicitors 12th Apr
Practice notes
Rights of way strategy formulationIn 1987 the Countryside Commission published its national target for Rights of Way. The aim the of national target...
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Produced in partnership with Robin Carr of Robin Carr Associates 9th Apr
Practice notes
The whole point of the Definitive Map and Statement ('Definitive Map') of public rights of way etc is that it is definitive. However, although it is...
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9th Apr
Practice notes
Statutory basis and effectEvery highway authority must keep a definitive map and statement (DMS) of the public rights of way in its area. The DMS kept...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 9th Apr
Practice notes
The right to roam on open land has many similarities to the right to travel from A to B (which characterises a public highway), but the right to roam...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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8th Apr
Practice notes
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...
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7th Apr
Q&As
Can right of way fall out of use and be declassified as a public footpath?Whether the dedication is express or inferred, a highway is created when a...
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13th Feb
Q&As
Highways can be created at common law or by statute. It is not possible to say whether this is a presumed dedication situation, and the buyer would...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
The traffic authority for a road outside of Greater London may make a traffic regulation order (TRO). See section 1 of the Road Traffic Regulation Act...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 8th Jan
Q&As
The European Commission Directive 80/181/EEC (UMD) is the current legislation governing the continuing move towards harmonising units of measure...
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26th Dec
Precedents
Notice of Modification OR Reclassification OR OrderSection [53 OR 54] of the Wildlife and Countryside Act 1981[Name of Authority][Title of Definitive...
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7th Dec
Precedents
Reclassification OrderWildlife and Countryside Act 1981[Title of Definitive Map and Statement][Title of Order]This order is made by [name of surveying...
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7th Dec
Precedents
Modification OrderWildlife and Countryside Act 1981[Title of (Definitive Map) and Statement][Title of Order]This Order is made by [name of surveying...
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7th Dec
Precedents
Wildlife and Countryside Act 1981, section 53(2) and Schedule 14, para 1[Title of Definitive Map and Statement]To: [name of authority]of: [address of...
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7th Dec
Precedents
Wildlife and Countryside Act 1981, section 53(5) and Schedule 14, para 2[Title of Definitive Map and Statement]Certificate of...
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7th Dec
Precedents
Notice of application for a modification orderWildlife and Countryside Act 1981, section 53(5) and Sch 14, para 2[Title of Definitive Map and...
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7th Dec

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