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Restrictions on the Use of Land: A Practitioner's Handbook 2nd ed

Restrictions on the Use of Land: A Practitioner's Handbook 2nd ed

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854903030
  • 出版时间 June 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    The second edition of this accessible book is a single up-to-date reference work which discusses a broad range of public and private law topics which directly impact on the use and development of land. In addition to new chapters on wayleaves, planning enforcement, and trees and hedgerows, this updated edition includes coverage of significant recent cases such as:

    • EASEMENTS: Regency Villas Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 (a case discussing the four essential requirements of an easement), together with some recent authorities, such as (Hughes v Benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC).

  • TOWN AND VILLAGE GREENS: TW Logistics Ltd v Essex County Council [2021] AC 1050 (the post-registration rights of a landowner and the interplay with the so-called ‘Victorian Statutes’), and R (Bellway Homes Ltd) v Kent County Council [2022] EWHC2593 (which discusses the trigger events under s.15C of the Commons Act 2006)
  • PUBLIC RIGHTS OF WAY: DPP v Ziegler [2021] UKSC 23 (the interplay between a person’s right to protest and the obligation not to obstruct the highway) and R (Monckton) v Staffordshire County Council [2022] EWHC 3049 (Admin) (judicial review in the case of a modification order before it was confirmed).
  • RESTRICTIVE COVENANTS: Birdlip Ltd v Hunter[2016] EWCA Civ 603 (the pre-requisites for a building scheme) and Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 (a case which involves a modern restatement of the law of private nuisance in the context of visual intrusion).<
  • ASSETS OF COMMUNITY VALUE: Banner Homes Ltd v St Albans District Council [2018] EWCA 1187 (a case discussing the meaning of “actual use” in section 88(2)(a) of the Localism Act 2011) and R (TV Harrison CIC) v Leeds City Council [2022] EWHC 130 (Admin) (a judgment which cites from four decisions of the FTT).

附加信息

Student Edition ISBN 不可用
Previous edition isbn 不可用
Hardback edition isbn 不可用
Paperback edition ISBN 不可用
  • Foreword to the First Edition
    Foreword to the Second Edition
    Preface
    Table of Cases
    Table of Statutes
    Table of Statutory Instruments
    Table of Practice Directions
    Table of EC and International Material
    List of Abbreviations

    PART I - EASEMENTS AND PROFITS À PRENDRE

    1.
    Easements
    Introduction
    Essentials of an easement

    2.
    Creation of Easements and Profits
    Introduction
    By statute
    By express grant or reservation
    By implied grant or reservation
    By prescription
    Interruption
    As of right
    Burden of proof
    Easements of light

    3.
    Profits à Prendre
    Introduction

    4.
    Passing of Benefit and Burden of Easements and Profits à Prendre to Successors in Title
    Easements
    Registered land
    Unregistered land
    Profits à prendre

    5.
    The Scope of Easements and Profits à Prendre
    Introduction
    Express grant or reservation
    Implied grant/prescription by lost modern grant

    6.
    Particular Easements and Examples of Analogous Remedies of Relevance to Development
    Rights of way and excessive user
    Rights of light
    Remedies
    Rights of support
    Other remedies for loss of support apart from an actionable interference with an easement
    Access to neighbouring land to carry out repairs
    Party walls
    Underground services enjoyed over third-party land

    7.
    Extinguishment of Easements and Profits à Prendre
    Introduction
    By statute
    By express release
    By implied release
    By unity of ownership and possession

    8.
    Registration of Easements and Profits à Prendre and Determination of Disputes
    Registration
    Determination of disputes

    PART II - WAYLEAVE AGREEMENTS

    9.
    Wayleave Agreements
    Introduction
    Electricity
    Internet connectivity (BT/Openreach)
    Gas
    Water and Sewage

    PART III - TOWN AND VILLAGE GREENS

    10.
    Town and Village Greens
    Introduction
    Consequences of registration
    Regulatory framework under Commons Act 2006, section 15
    Who is entitled to apply for registration?
    Application form
    Managing the application
    Determining applications (non-pioneer areas)
    Determining applications (pioneer areas)
    Exclusion of the right to apply for registration
    Repeat applications (res judicata)
    Qualifying criteria for registration
    Conflicting statutory regimes
    De-registration and exchange
    Amending the register to cancel a registration
    Challenging decisions of the registration authority

    PART IV -PUBLIC RIGHTS OF WAY

    11.
    Introduction to Public Rights of Way

    12.
    Public Rights of Way – Definitions and their Creation
    What is a public right of way?
    Classes of highway

    13.
    Creation of Highways
    Introduction
    Common law
    Express dedication and dedication generally
    Implied dedication
    ‘As of right’
    Statutory presumption of dedication
    Provisions under the Highways Act 1980
    Reforms

    14.
    The Highway Authority, Ownership and Maintenance
    The highway authority
    Ownership of the highway
    Private rights over highway land

    15.
    Maintenance and Adoption of Highways
    Introduction
    Who is responsible to repair?
    The adoption of roads
    Private streets
    Private street works code
    Advance payments code

    16.
    Interferences with Public Highways
    Introduction
    General provisions under the Highways Act 1980
    Specific provisions under the Highways Act 1980
    Public nuisance
    Criminal law

    17.
    Stopping Up and Diversion Orders
    Introduction
    The effect of stopping up and diversion
    Stopping up and diversions – development provisions under the Town and Country Planning Act 1990
    Other development provisions
    Provisions under the Highways Act 1980
    Other provisions under the Highways Act 1980
    Further provisions
    Temporary diversions
    Alternative ways by which highways might be extinguished
    Adverse Possession

    18.
    Ascertaining and Recording Rights of Way
    Introduction
    What is the definitive map and statement?
    Inclusion of rights on the definitive map and statement
    Roads used as public paths
    Effect of the Natural Environment and Rural Communities Act 2006
    Conflicts between the map and statement
    Modifications to the definitive map

    19.
    Financial Provisions
    Agreements under Highways Act 1980, section 278
    Relationship between section 278 agreements and planning permission

    PART V - RESTRICTIVE COVENANTS (FREEHOLD LAND)

    20.
    Introduction to Restrictive Covenants (Freehold Land)

    21.
    Positive and Negative Covenants and the Transmission of Benefit and Burden to Successors in Title of the Original Contracting Parties
    The distinction between positive and negative covenants

    22.
    Enforceability of the Benefit of a Covenant
    As between the contracting parties
    Passing of the benefit of a positive or restrictive covenant
    Burden of positive covenants

    23.
    Enforceability of the Burden of a Freehold Covenant
    Introduction
    Development of the law of restrictive covenants
    Covenant must be negative in nature or restrictive of the use of the burdened land
    Covenant must be made for the benefit and protection of land held by the covenantee
    Exceptions to the rule that the covenant must confer a benefit on the land of the covenantee
    Special equitable rules apply in relation to the enforceability of a restrictive covenant where the original covenantee has parted with the benefited land
    Statutory annexation
    Summary on assignment and annexation
    Schemes of development (or building scheme covenants)
    Covenant must have been intended to run with the covenantor’s land
    Passing of the burden (notice and registration)

    24.
    Restrictive Covenants and Other Restrictions on the Use of Freehold Land in Public Ownership
    Introduction
    Power of public bodies to impose restrictive covenants
    Town and Country Planning Act 1990, section 106 (substituted by Planning and Compensation Act 1991, section 12)
    Highways Act 1980, section 35
    Housing Act 1985, section 609
    Wildlife and Countryside Act 1981, section 39
    Local Government (Miscellaneous Provisions) Act 1982, section 33
    National Trust Act 1937, section 8
    Power of local authorities to extinguish or override restrictive covenants
    Consequences of compulsory purchase
    Land held by local authorities which is subject to rights of public recreation (land either acquired or appropriated onto such purposes or held for charitable purposes)

    25.
    Meaning and Construction of Certain Restrictive Covenants which Impact on the Development and Commercial Use of Land
    Overview in relation to contractual interpretation
    Implying terms
    Specific covenants
    Inference that consent to development should not be unreasonably withheld
    Relevant factors in determining reasonableness
    Meaning of certain terms in restrictive covenants which impact on residential development
    Covenants which impact on the use of premises for trade or business purposes
    Competition Act 1998 – land agreements
    Restrictive covenants which preclude the acquisition of rights of light or other easements

    26.
    Litigation – Remedies and Practice
    Introduction
    Damages or injunction – development of the modern law
    Damages in addition to a permanent injunction
    Remedies for breach of covenant – summary
    Claims – practice
    Stays and limitation

    27.
    Release, Discharge or Modification of Restrictive Covenants
    Introduction
    Release by express agreement
    Change of character of neighbourhood
    Acquiescence
    Unity of seisin
    Discharge or modification of restrictive covenants under Law of Property Act 1925, section 84(1) (as amended by Law of Property Act 1969, section 28)
    Introduction to Law of Property Act 1925, section 84(1)
    Jurisdiction of the Upper Tribunal (Lands Chamber)
    Section 84 grounds for discharge or modification
    Compensation under section 84(1)
    Implementation (registration) of orders made under section 84
    Costs in proceedings before the Upper Tribunal (Lands Chamber)

    28.
    Restrictive Covenants – Planning and Compulsory Purchase
    Planning
    Compulsory purchase

    PART VI - ASSETS OF COMMUNITY VALUE

    29.
    Assets of Community Value
    Introduction
    What land assets are affected?
    Land which is not of community value and which cannot be listed
    Who may nominate an asset for inclusion in the list of assets of community value?
    Contents of community nominations
    Procedure after a nomination has been made
    Right to a review
    Procedure for reviews
    Appeals against listing review decisions
    List of land nominated but unlisted
    Publication and inspection of lists
    Moratorium requirements on disposals of listed land
    Exemptions to the moratorium provisions
    Compensation and enforcement
    Enforcement

    PART VII - ENFORCEMENT OF PLANNING CONTROL

    30.
    Enforcement of Planning Control
    Introduction to planning control
    Enforcement of planning control

    PART VIII - TREE PRESERVATION ORDERS, TREES IN CONSERVATION
    AREAS AND HEDGEROWS

    31.
    Tree Preservation Orders, Trees in Conservation Areas and Hedgerows
    Tree preservation orders
    Trees in conservation areas
    Hedgerows

    Index
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