Vehicular Access Across Common and Other Land (England) Regulations 2002

Document Number:2002 No. 1711
 
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Statutory Instruments

COUNTRYSIDE, ENGLAND

Approved by both Houses of Parliament

Made

3 rd July 2002

Coming into force in accordance with regulation 1(1)

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred on her by section 68 of the Countryside and Rights of Way Act 2000(1) , hereby makes the following Regulations a draft of which has been laid before and approved by resolution of each House of Parliament:

Title, commencement and extent

  1. —(1) These Regulations may be cited as the Vehicular Access Across Common and Other Land (England) Regulations 2002 and shall come into force on the day after the date on which they are made.

    (2) These Regulations shall apply to land in England only.

    (3) For the purposes of paragraph (2) , “land” means any land which is crossed by a way used as a means of access for vehicles to premises.

    Interpretation

  2. —(1) In these Regulations—

    “the Act” means the Countryside and Rights of Way Act 2000;

    “the applicant”, “the land” and “the land owner” have the meanings given in regulation 3(2);

    “compensation sum” means the amount of compensation payable by the applicant;

    “easement” means an easement subsisting at law for the benefit of the premises and giving a right of way for vehicles;

    “the parties” means the applicant and the land owner and “party” shall be construed accordingly;

    “the premises” means the premises served by the way in respect of which an application for an easement is made;

    “the value of the premises” has the meaning given in regulation 11(4).

    (2) Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.

    Entitlement to make an application

  3. —(1) An owner of any premises may, as respects a way to which section 68 of the Act applies, apply for the creation of an easement in accordance with these Regulations.

    (2) For the purposes of these Regulations, the owner who makes an application shall be referred to as “the applicant”, the land crossed by the way shall be referred to as “the land” and the person who, for the time being, has the freehold title to the land, shall be referred to as “the land owner”.

    Prescribed date

  4. The prescribed date for the purpose of section 68(1)(b) of the Act is 5 th May 1993.

    Nature of easement

  5. An easement created in accordance with these Regulations shall—

    (a) be subject to any limitation agreed by the parties or determined by the Lands Tribunal;

    (b) include any right incidental to the right of way agreed by the parties or determined by the Lands Tribunal; and

    (c) be subject to any rule of law which would apply to the easement had it been acquired by prescription.

    Procedure for making an application

  6. —(1) An application for the easement shall be made by the applicant serving a notice on the land owner.

    (2) The application must be served within 12 months of the date on which these Regulations come into force or, if later, the date on which the relevant use of the way has ceased.

    (3) The application shall contain the information specified in paragraph 1 , and be accompanied by the information specified in paragraph 2 , of the Schedule to these Regulations.

    Unopposed applications

  7. —(1) Where the land owner does not object to the application he shall, within three months of receipt of the application, serve a notice on the applicant, agreeing to the application.

    (2) The notice shall contain the following information—

    (a) the name and address of the land owner and a description of his interest in the land; and

    (b) a statement confirming that upon payment of the compensation sum he will provide a written receipt.

    (3) The notice shall be accompanied by evidence of the land owner’s title to the land.

    Opposed applications

  8. —(1) Where the land owner has objections to the application, he shall, within three months of receipt of the application...

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