Section 53(3)(c)(i) to (iii) covers such matters as the addition of a way to a definitive map, its deletion, or its upgrading or downgrading to another category of RoW. Turnpikes were managed by turnpike trusts which were set up under individual Acts of Parliament. The last Turnpike Act was passed in 1836. Maintenance responsibility was transferred in the latter part of the 19th century from turnpike trusts to highway boards. A highway, other than a public path, used by the public mainly for the purposes for which footpaths or bridleways are so used (see section 27(6) of the National Parks and Access to the Countryside Act 1949 (NPACA49 and Advice Note 12). Note: On commencement of section 47 of CROW 2000 on 2 May 2006 (in England) and 11 May 2006 (in Wales) the expression RUPP ceased to be used in any definitive map or statement to describe any way. Those ways shown as RUPPs on the commencement dates were instead to be regarded as restricted byways.

Full title to the servient land starting with a good root more than 15 years old at the date of the application and including Land Charges search results must accompany the application. 7.2.1 Charges See Retention of documents lodged with applications, regarding retention of documents sent to us. 12.1 The application The records of the Crown Estate are held at The National Archives under the CRES department code. Some of these records contain information on rights of ways, roads and other highways, particularly when there were alterations to the land that affected rights of way, such as the building of new highways and turnpike roads. Ocr tesseract 4.1.1 Ocr_detected_lang en Ocr_detected_lang_conf 1.0000 Ocr_detected_script Latin Ocr_detected_script_conf 0.9854 Ocr_module_version 0.0.11 Ocr_parameters -l eng Old_pallet IA-NS-2000206 Openlibrary_edition

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Records include agreements, surveys, correspondence and maps. 8. Roads and rights of way on enclosure documents

By a deed dated… made between… the [description of right and deed contained in] was expressed to be released but the validity of the release has not been determined. Before we can enter the benefit of an easement in the register, we must be sure that it subsists as a legal interest. You must, therefore, lodge evidence that the grantor had power to grant the easement; see Proving grantor’s power to make the grant. If the evidence produced is not conclusive that a legal interest exists, we may either omit the right or enter a qualification note to the entry. Under section 56 of the Wildlife and Countryside Act 1981 (WCA 81), a definitive map and statement is conclusive evidence of certain particulars contained in it, as at the relevant date (defined in section 56(2)). The general rule is that where a map shows a way as of a particular category of highway it is conclusive of certain public rights of way over it at the relevant date, but that is without prejudice to the existence of higher rights. So, for example, where it shows a footpath that is conclusive of public rights of way on foot, but not that there are not bridleway or carriageway rights. Many enclosure awards (legal documents recording the ownership and distribution of ‘enclosed’ land) contain information about the status of roads and other ways, including public paths and occupation roads. They may state who was responsible for their maintenance and for the maintenance of hedges and fences along the boundaries of fields. Some enclosure maps distinguish between major and minor roads but no inferences should be drawn from the absence of such information. records of both the proposed closure of old highways and footpaths consequent on enclosure of lands, and also the provision of alternative ways to replace the old roads and paths are in inquisitions ad quod damnum from at least the early 17th century until the 19th century, in C 202– information can include the dimensions of ways and local field names over which the routes were to pass (there is an index in the printed version of this series, available only at our building in Kew)This section is principally concerned with two types of case. One is where the owner of land (that might be registered or unregistered) transfers part of the land and the transfer includes an easement affecting or benefiting the retained land. The other is where there is an independent deed of grant. Practice guide 73: statements of truth gives information about the use of statements of truth in support of applications to us. 12.2.4 Unity of ownership and occupation To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 8.1 Benefit of equitable easements in the case of a prescribed clauses lease you enter the title number of the benefiting titles in clause LR2.2

Each local highway authority (county council or unitary authority) will have records of public rights of way in its area and local archives are therefore the best place to start a search. CRES 2 (1513-1913) – by county or place name or the word “roads” or the phrases “right of way” and “rights of way” If LR11.1 has not been completed correctly no entry will be made in the leasehold register in respect of the benefit of any easements granted by the lease. If an entry is omitted in this situation you may make an application using form AP1 either at the time the lease is registered or subsequently for the easements granted in the lease to be registered. Rights of Way Circular: Guidance for Local Authorities (applies to England only) Department of Transport

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In terms of the expression ‘substantially less convenient to the public’, features which readily fall within the natural and ordinary meaning of the word ‘convenient’ are matters such as the length of the diverted path, the difficulty of walking it and its purpose. MT 105– includes a number of files about the closure of rights of way by the War Office under the Requisitioned Land and War Works Acts 1945-1948, including material about the continuing closure of ways across the East Lulworth Ranges in Dorset after the end of the Second World War. For advice on searching for Valuation Office Field Books see section 4 of the Valuation Office survey guide. 11. Turnpike and toll roads This section is principally concerned with cases similar to the first type mentioned in Legal easements in transfers and deeds of grant, meaning, where the titles to both the servient land and the dominant land are or will be registered. The difference is that, instead of transferring part of their land, the owner grants a lease of part of it and the lease includes an easement affecting or benefiting other land belonging to them.

A highway being either a footpath, bridleway or restricted byway (see section 66(1) of the WCA81, as amended by paragraph 9 of Schedule 5 CROW 2000, and section 27(6) of the NPACA 49). any consents or certificates required in respect of charges or restrictions on the servient registered title; see Proving grantor’s power to make the grant Council” means a county council or local authority. “local authority” means - (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;…[See Paragraph 3(3) of Schedule 6] Section 69 (1) of the 1992 Act states that a precepting authority means a “major precepting authority” which has the meaning given by section 39(1), namely – (a) a county council in England …; (c) a parish or community council;: (d) the chairman of a parish meeting …, or a “local precepting authority” which has the meaning given by section 39(2) of the Local Government Finance Act 1992.

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. expressly granted or referred to in the root deed, or expressly granted in a subsequent deed, and that appear to have passed to the applicant