Podcast Location:
Download it here [file size: 26.5 MB]
Categories:
Residential Property
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast will be of interest to those interested in property law, in particular those interested in public access and use of land.

It serves to provide the listener with a discussion of three topical issues facing landowners in the countryside, the registration of village greens, the establishment of public rights of way and the use of vehicles on ancient highways.

Throughout the podcast, reference will be made to the historical, statutory and judicial background to how these rights come about and can be extinguished.

Outcomes:
After completing the course you will:
  • Understand what is mean by public right of way and what components go into creating a public right of way by public user;
  • Know how can the landowner defeat claims based on section 31 Highways Act 1980;
  • Understand what is meant by a town or village green and how they can be created;
  • Know how a landowner can do when presented with a claim to register land as a town or village green;
  • Know the procedure used when registering and challenging the registration of a town or village land as a green in practice;
  • Understand the issues involved with the application of s67 of the Natural Environment and Rural Communities Act 2006;
  • Understand the impact of the the provisions of the 2006 legislation.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • s.31 Highways Act 1980;
  • s.15 Commons Act 2006;
  • s.67 Natural Environment and Rural Communities Act 2006;
  • R (on the application of Beresford) v City of Sunderland [2003] UKHL 60;
  • Oxfordshire County Council v Oxford City Council and Robinson [2006] 2 AC 674;
  • s.53(5) Wildlife and Countryside Act 1981;
  • R (Winchester College) v Hampshire County Council [2009] 1 WLR 138;
  • R (Godmanchester Town Council) v Secretary of State for the Environment, Food and Rural Affairs [2007] UKHL 28.

This podcast concerns some of the technical issues when dealing with public access to and over areas of land in the countryside. It analyses three statutory provisions, s31 Highways Act 1980 and s67 Natural Environment and Rural Communities Act 2006, concerning the establishment and extinguishing of public rights of way and vehicular access and s15 Commons Act 2006 concerning the issues when designating and registering land as a town or village green.

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