| A. W. & C. Barsby: Legal Research and Publishing | ||||||||
| Access | ||||||||
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Several different areas of the law are concerned with access to land. Access can be obtained by means of highways - roads, bridleways and footpaths over which there is a public right of way. Private Roads: The Legal Framework (4th ed.) contains a detailed explanation of how public rights of way may affect a private road. Access may also be obtained by means of a private right of way. A private right of way is an "easement"; in effect a right which is regarded as attached to piece of land, and permits some use of neighbouring or nearby land. Private Roads: The Legal Framework includes a chapter on private rights of way and their significance for private roads. There are several legal mechanisms which give the public the right to use land for recreational purposes. Perhaps the most important is the right to use some common land for "air and exercise" under s. 193 of the Law of Property Act 1925. An important addition to these rights will be the right of public access to some private open land ("access land") under the Countryside and Rights of Way Act 2000 (originally known as the "right to roam"). For background information, and information about progress, visit the website of the Countryside Agency, www.countryside.gov.uk.
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