Test 1: whether the diversion is expedient in the interests of the owner, lessee or occupier of land crossed by the path or of the public (as set out in section 119(1) and subject to section 119(2) – see paragraphs 2.31 and 2.32 above). This was described in R (Hargrave) v Stroud District Council [2001] EWHC Admin 1128, [2002] JPL 1081 as being a low test.

Where an implied or prescriptive easement is registered as appurtenant to a registered estate and the servient land is registered, we will enter a notice in the register for the servient land at the same time. John Riddall and John Trevelyan, Rights Of Way: A Guide to Law and Practice, 4th edition (Henley-on-Thames and London, 2007). This and previous editions are often called the ‘Blue Book’. The fourth edition has been completely revised. In this edition, two new chapters: The Management of Rights of Way; and Legal Action Over Rights of Way have been included. These draw together material previously distributed between other chapters. Substantial portions of the text have been re-written to reflect the many other changes in legislation over the last five years. For advice on searching for Valuation Office Field Books see section 4 of the Valuation Office survey guide. 11. Turnpike and toll roads Note: See Retention of documents lodged with applications, regarding retention of documents sent to us. 3.1 Dominant and servient land registered

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The following sections suggest forms of wording to use to exclude the operation of section 62 or the rule in Wheeldon v Burrows, and to prevent the benefit of existing easements from passing. Use of this wording is not compulsory, but it will ensure that the practice set out below is followed. 10.1 Preventing the creation of easements This fourth edition, published in 2007 has been completely revised and updated by the authors. Useful bits of footpath law: Where a registered lease has terminated and an application is made in form AP1 to close the title, completion of the application will obviously mean removal of any entry in respect of the benefit of an appurtenant easement. 12.2.3 Abandonment

Guidance for Local Highway Authorities: on crime prevention on public rights of way – designation of areas (applies to England only) If the dominant land is unregistered, the applicant should lodge evidence of title to the land in the same way as if the land was being conveyed. urn:lcp:rightsofwayguide0000clay:epub:42a06b44-96b6-4b19-ba0e-2bde1e27e949 Foldoutcount 0 Identifier rightsofwayguide0000clay Identifier-ark ark:/13960/t3vv1qw8k Invoice 1652 Isbn 0900613491 An application under rule 73A in respect of an implied easement must be made in form AP1. Panel 5 of the form should:Before 1835 a landowner could declare or, in the conventional legal language, could ‘dedicate’ a road as a public right of way and it automatically became the liability of the public to repair it – whether it was of any great utility or not. This changed with the 1835 Highways Act, Section 23 of which established that if a landowner proposed to dedicate a road or bridleway as a public highway and intended that it would be repaired by the public, notice had to be given in writing to the surveyor of the parish. There are large numbers of records relating to turnpikes in local archives and a significant number at The National Archives too. Search our catalogue with the following words and combinations for a variety of related records:

The grant or reservation of the legal easement is a registrable disposition. To register the disposition you must apply using form AP1. The title numbers of all the registered titles involved (servient and dominant) must be entered in panel 2. The application should include: Records of the National Parks Commission and the Countryside Commission are held at The National Archives under the department reference COU. This guide provides advice on where to look for records of public rights of way, roads and other highways in England and Wales. The National Archives is not the best place to start looking for these kinds of records and much of the advice in this guide directs you elsewhere.papers of the Treasury Solicitor from the early 16thcentury in TS 18 and TS 28 (search with “stopping up”, “rights of way” or “right of way”) FPs, BWs and RBs may be created by agreement between a local authority and anyone having power to dedicate such a way over the land in question, being in the local authority’s area (Highways Act 1980 (HA 80), section 25). Parish/community councils also have powers to create FPs and BWs by agreement if in their opinion it would be beneficial to the inhabitants of the parish or community (HA 80, section 30). Since they are created by agreement, these cases are not submitted to the Inspectorate for determination but may be relevant to other proposals.