Podcast Location:
Download it here [file size: 35.3 MB]
Part of:
Law in the Countryside CPD Training Bundle
Categories:
Real Estate & Property Law
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 is aimed at those who advise on issues relating to the sale and purchase of land subject to public rights of access. It aims to set out the current state of the law relating to both vehicular and pedestrian rights of access and land claimed as village green. The podcast also examines the deficiencies in the way the law currently applies from the perspective or a landowner or purchaser. The podcast then goes on to explore how access claims can be managed effectively and the key steps or processes practitioners should consider in such cases.

Outcomes:
After completing the course you will:
  • Be aware of the problems posed by public rights of access for landowners and purchasers;
  • Know about the impact of the Countryside and Rights of Way Act 2000 and Marine & Coastal Access Act 2009 and what access rights they confer;
  • Understand what is meant by a public right of way;
  • Understand the rights conferred by section 31 Highways Act 1980;
  • Know what steps a prospective purchase can take to get as full a picture as possible of the position before they buy land;
  • Know about the significant curtailment of vehicular rights of access across land introduced by Natural Environment and Rural Communities Act;
  • Know how to assess and exploit the strength a potential claim that a route is a historic right of access;
  • Understand the mechanics of an access dispute, how it can be resolved and the role of the Rights of Way Officer;
  • Know to what extent it is possible to compromise a claim;
  • Be aware of the resurgence in land claimed as a village green in recent years and what issues that may throw up for a prospective purchaser;
  • Know the key practical steps that practitioners should always consider when faced with a village green or access dispute.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Countryside & Rights of Way Act 2000;
  • Marine & Coastal Access Act 2009;
  • Commons Act 2006;
  • Natural Environment and Rural Communities Act 2006.
Tags:

This podcast is specialist property barrister and access rights expert Karen Jones discusses the potential pitfalls of buying property in the countryside with public rights of access over it. It will address how the law currently works with regard to rights of way – by foot or with a vehicle and what problems exist for purchasers and landowners. The podcast will also touch on village greens within the context buying property and what danger that poses.

Podcast added: 18/08/11

Podcast last reviewed: 2012-02-27

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