Restrictions on the Use of Land

William Webster, Robert Weatherley (Autoren)

Buch | Hardcover

664 Seiten

2016 | UK ed.
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-197-5 (ISBN)

Infos

Restrictions on the Use of Land covers the law and practice in a number of fields which impact on the use of land. Areas covered include 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.

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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.

Autor

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

Inhalt

PART I - EASEMENTS AND PROFITS À PRENDRE
1Easements
2Creation of Easements and Profits
3Passing of Benefit and Burden of Easements and Profits à Prendre to Successors in Title
4Profits à Prendre
5Scope of Enjoyment of Easements and Profits à Prendre
6Particular Easements and Examples of Analogous Remedies of Relevance to Development
7Extinguishment of Easements and Profits à Prendre
8Registration of Easements and Profits à Prendre and Determination of Disputes

PART II- TOWN AND VILLAGE GREENS
9Introduction to Town and Village Greens
10Post-registration Rights and Management
11Criteria for Registration in Commons Act 2006, Section 15
12De-registration and Exchange, Amending the Register to Cancel a Registration, Appropriation for Planning Purposes and Challenging Decisions of Registration Authorities
13Recent Reforms

PART III- PUBLIC RIGHTS OF WAY
14Introduction to Public Rights of Way
15Public Rights of Way – Definitions and their Creation
16Creation of Highways
17The Highway Authority, Ownership and Maintenance
18Maintenance and Adoption of Highways
19Interferences with Public Highways
20Stopping up and Diversion Orders
21Ascertaining and Recording Rights of Way
22Financial Provisions

PART IV- RESTRICTIVE COVENANTS (FREEHOLD LAND)
23Introduction to Restrictive Covenants (Freehold Land)
24Positive and Negative Covenants and the Transmission of Benefit and Burden to Successors in Title of the Original Contracting Parties
25Enforceability of the Benefit of a Covenant
26Enforceability of the Burden of a Freehold Covenant
27Restrictive Covenants and Other Restrictions on the Use of Freehold Land in Public Ownership
28Meaning and Construction of Certain Restrictive Covenants which Impact on the Development and Commercial Use of Land
29Litigation – Remedies and Practice
30Release, Discharge or Modification of Restrictive Covenants
31Restrictive Covenants – Planning and Compulsory Purchase

PART V- ASSETS OF COMMUNITY VALUE
32Introduction to Assets of Community Value
33Listing Assets of Community Value – What Land Assets are Affected?
34Nominating an Asset for Inclusion in a Local Authority’s List of Assets of Community Value
35Procedure after a Duly Made Nomination Has Been Made
36Moratorium Requirements on Disposals of Listed Land
37Compensation and Enforcement
38How the Scheme is Working and Proposals for Reform

PART VI- ELEMENTS OF PLANNING LAW
39Introduction to Elements of Planning Law
40Development Control
41Permitted Development
42Planning Permission
43Power 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
44Planning Conditions and Obligations and the Community Infrastructure Levy
45Purchase Notices and Blight Notices
46Appeals and Statutory Review of Planning Decisions
47Enforcement of Planning Control
48Certificates of Lawfulness
49Protecting the Natural Environment
50Listed Buildings and Conservation Areas
51Reforms in the Housing and Planning Act 2016

Produkt-Details

• Erscheinungsdatum: 19.11.2016
• Verlagsort: London
• Sprache: englisch
• Maße: 152 x 248 mm
• Gewicht: 1200 g
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht
• ISBN-10: 0-85490-197-3 / 0854901973
• ISBN-13: 978-0-85490-197-5 / 9780854901975
• Zustand: Neuware