Restrictions on the Use of Land aims to provide readily accessible answers to a whole range of problems which commonly arise in the day to day practice of land lawyers, developers and other professionals involved in the development and/or realisation of valuable land assets in either the private or public sectors. With considerable focus on remedies for the infringement of rights, in on or over land, the book includes sections on easements, town and village greens, public rights of way, restrictive covenants, assets of community value (and the right of community groups to bid for listed land) along with selected elements of planning law. Coverage in the case of the latter is broken down under three heads, namely the fundamentals of development control, appeals and enforcement, together with a wide ranging review of the law and practice affecting conservation and enhancement of both natural and man-made environments. The advantage of such a book lies in the fact that it is a single up-to-date reference work covering a broad range of topics which might otherwise only be found in a number of specialist texts.

Table of Contents:
PART I - EASEMENTS AND PROFITS À PRENDRE 1 Easements 2 Creation of Easements and Profits 3 Passing of Benefit and Burden of Easements and Profits à Prendre to Successors in Title 4 Profits à Prendre 5 Scope of Enjoyment of Easements and Profits à Prendre 6 Particular Easements and Examples of Analogous Remedies of Relevance to Development 7 Extinguishment of Easements and Profits à Prendre 8 Registration of Easements and Profits à Prendre and Determination of Disputes PART II- TOWN AND VILLAGE GREENS 9 Introduction to Town and Village Greens 10 Post-registration Rights and Management 11 Criteria for Registration in Commons Act 2006, Section 15 12 De-registration and Exchange, Amending the Register to Cancel a Registration, Appropriation for Planning Purposes and Challenging Decisions of Registration Authorities 13 Recent Reforms PART III- PUBLIC RIGHTS OF WAY 14 Introduction to Public Rights of Way 15 Public Rights of Way – Definitions and their Creation 16 Creation of Highways 17 The Highway Authority, Ownership and Maintenance 18 Maintenance and Adoption of Highways 19 Interferences with Public Highways 20 Stopping up and Diversion Orders 21 Ascertaining and Recording Rights of Way 22 Financial Provisions PART IV- RESTRICTIVE COVENANTS (FREEHOLD LAND) 23 Introduction to Restrictive Covenants (Freehold Land) 24 Positive and Negative Covenants and the Transmission of Benefit and Burden to Successors in Title of the Original Contracting Parties 25 Enforceability of the Benefit of a Covenant 26 Enforceability of the Burden of a Freehold Covenant 27 Restrictive Covenants and Other Restrictions on the Use of Freehold Land in Public Ownership 28 Meaning and Construction of Certain Restrictive Covenants which Impact on the Development and Commercial Use of Land 29 Litigation – Remedies and Practice 30 Release, Discharge or Modification of Restrictive Covenants 31 Restrictive Covenants – Planning and Compulsory Purchase PART V- ASSETS OF COMMUNITY VALUE 32 Introduction to Assets of Community Value 33 Listing Assets of Community Value – What Land Assets are Affected? 34 Nominating an Asset for Inclusion in a Local Authority’s List of Assets of Community Value 35 Procedure after a Duly Made Nomination Has Been Made 36 Moratorium Requirements on Disposals of Listed Land 37 Compensation and Enforcement 38 How the Scheme is Working and Proposals for Reform PART VI- ELEMENTS OF PLANNING LAW 39 Introduction to Elements of Planning Law 40 Development Control 41 Permitted Development 42 Planning Permission 43 Power to Make Non-material Changes to, or Otherwise Revoke or Modify, Existing Planning Permissions and the Liability of a Local Planning Authority to Pay Compensation 44 Planning Conditions and Obligations and the Community Infrastructure Levy 45 Purchase Notices and Blight Notices 46 Appeals and Statutory Review of Planning Decisions 47 Enforcement of Planning Control 48 Certificates of Lawfulness 49 Protecting the Natural Environment 50 Listed Buildings and Conservation Areas 51 Reforms in the Housing and Planning Act 2016