Restrictions on the Use of Land

UK ed
ISBN: 978-0-85490-197-5
Verlag: Wildy, Simmonds and Hill Publishing

Buch, Englisch, 664 Seiten, Format (B × H): 256 mm x 162 mm, Gewicht: 1206 g

Restrictions on the Use of Land aims to provide readily accessible answers to a whole range of problems which commonly arise in the day to day practice of land lawyers, developers and other professionals involved in the development and/or realisation of valuable land assets in either the private or public sectors. With considerable focus on remedies for the infringement of rights, in on or over land, the book includes sections on easements, town and village greens, public rights of way, restrictive covenants, assets of community value (and the right of community groups to bid for listed land) along with selected elements of planning law.

Coverage in the case of the latter is broken down under three heads, namely the fundamentals of development control, appeals and enforcement, together with a wide ranging review of the law and practice affecting conservation and enhancement of both natural and man-made environments.

The advantage of such a book lies in the fact that it is a single up-to-date reference work covering a broad range of topics which might otherwise only be found in a number of specialist texts.

Zielgruppe

Solicitors and barristers with an interest in land law, property developers and their legal advisers, and law and planning officers in the public sector

Autoren/Hrsg.

Webster, William

Weatherley, Robert

Inhaltsverzeichnis

PART I - EASEMENTS AND PROFITS À PRENDRE
1 Easements

2 Creation of Easements and Profits

3 Passing of Benefit and Burden of Easements and Profits à Prendre to Successors in Title

4 Profits à Prendre

5 Scope of Enjoyment of Easements and Profits à Prendre

6 Particular Easements and Examples of Analogous Remedies of Relevance to Development

7 Extinguishment of Easements and Profits à Prendre

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

PART II- TOWN AND VILLAGE GREENS
9 Introduction to Town and Village Greens

10 Post-registration Rights and Management

11 Criteria for Registration in Commons Act 2006, Section 15

12 De-registration and Exchange, Amending the Register to Cancel a Registration, Appropriation for Planning Purposes and Challenging Decisions of Registration Authorities

13 Recent Reforms

PART III- PUBLIC RIGHTS OF WAY

14 Introduction to Public Rights of Way

15 Public Rights of Way – Definitions and their Creation

16 Creation of Highways

17 The Highway Authority, Ownership and Maintenance

18 Maintenance and Adoption of Highways

19 Interferences with Public Highways

20 Stopping up and Diversion Orders

21 Ascertaining and Recording Rights of Way

22 Financial Provisions

PART IV- RESTRICTIVE COVENANTS (FREEHOLD LAND)

23 Introduction to Restrictive Covenants (Freehold Land)
24 Positive and Negative Covenants and the Transmission of Benefit and Burden to Successors in Title of the Original Contracting Parties

25 Enforceability of the Benefit of a Covenant

26 Enforceability of the Burden of a Freehold Covenant

27 Restrictive Covenants and Other Restrictions on the Use of Freehold Land in Public Ownership

28 Meaning and Construction of Certain Restrictive Covenants which Impact on the Development and Commercial Use of Land

29 Litigation – Remedies and Practice

30 Release, Discharge or Modification of Restrictive Covenants

31 Restrictive Covenants – Planning and Compulsory Purchase

PART V- ASSETS OF COMMUNITY VALUE

32 Introduction to Assets of Community Value

33 Listing Assets of Community Value – What Land Assets are Affected?

34 Nominating an Asset for Inclusion in a Local Authority’s List of Assets of Community Value

35 Procedure after a Duly Made Nomination Has Been Made

36 Moratorium Requirements on Disposals of Listed Land

37 Compensation and Enforcement

38 How the Scheme is Working and Proposals for Reform

PART VI- ELEMENTS OF PLANNING LAW

39 Introduction to Elements of Planning Law

40 Development Control

41 Permitted Development

42 Planning Permission

43 Power to Make Non-material Changes to, or Otherwise Revoke or Modify, Existing Planning Permissions and the Liability of a Local Planning Authority to Pay Compensation

44 Planning Conditions and Obligations and the Community Infrastructure Levy

45 Purchase Notices and Blight Notices

46 Appeals and Statutory Review of Planning Decisions

47 Enforcement of Planning Control

48 Certificates of Lawfulness

49 Protecting the Natural Environment

50 Listed Buildings and Conservation Areas

51 Reforms in the Housing and Planning Act 2016

Über Autor(innen)

Weatherley, Robert
Robert Weatherley is a barrister specialising in property work at 3 Paper Buildings. His practice encompasses traditional land and planning disputes.

Webster, William
William Webster was called to the Bar in 1975 and is in practice at 3 Paper Buildings. He has a wide-ranging practice in land and planning. He is also a specialist in the law of village greens, having appeared in the Supreme Court in the Betterment case (2014) and he continues to sit regularly as an inspector in non-statutory inquiries.