Public Rights of Way and Access to Land, written by Angela Sydenham, one of the country’s leading authorities on the subject, succeeds in clarifying the arcane and often archaic law. By turn she explains the creation and loss of public rights of way and access to land, how their existence can be ascertained, and the nature of the obligations to maintain and manage them. The fourth edition of this popular work has been comprehensively updated to take account of recent developments including:

• the Marine Act 2009 Part 9 introducing Coastal Access
• the coming into force of many more sections of the CROW Act 2000
• numerous new regulations including the Public Rights of Way (Hearings and Inquiry Procedure) (England) Rules 2007/2008
• the Godmanchester case, which has been reversed by the House of Lords
• the Redcar case [2009] EWCA Civ 3, which has added an important additional requirement for user as of right
• new cases on restricted byways: the Winchester case [2008] EWCA Civ 431 and Maroudes [2009] EWHC 62
• a major case on adverse possession and public rights of way: R (Smith) v Land Registry Peterborough) [2009] EWHC 328
• an important case on stopping up under s118B of the Highways Act 1980. R (on the application of) Manchester City Council v Sec of State [2007] EWHC 3167
• recent cases on animals on public rights of way: Mckenny v Foster EWCA Civ 173 and McKaskie v Cameron (2009), as well as consultation on amendments to the Animals Act 1971

The new edition sets out the Countryside and Public Rights of Way Act 2000 in full with annotations to indicate when the various sections commenced and any regulations made under those sections, together with all relevant provisions from the Marine Act 2009, the Highways Act 1980, the Wildlife and Countryside Act 1981 and the Natural Environment and Rural Communities Act 2006, as well as other relevant planning notes and guidance.

Angela Sydenham Consultant, Birketts. Co-author of Agricultural Precedents Handbook (Jordans).

• Definitions and Classes of Public Rights of Way and Analogous Rights
• The Legal Interests and Rights of Highway Authorities, Landowners, Users and Utility Companies
• Creation of Public Rights of Way
• Extinguishment and Diversion Orders
• Recording Rights of Way
• Determination of Contested Orders
• Ascertaining Public Rights of Way
• Maintenance of Highways
• Interference with Public Rights of Way
• Management, Common Problems and Conservation
• Background to the Countryside and Rights of Way Act 2000
• Access Land
• Rights and Obligations of the Public
• Rights and Obligations of Owners and Occupiers
• Entry to Access Land
• Management
• Coastal Access

Appendices

• Countryside and Rights of Way Act 2000
• Highways Act 1980
• Wildlife and Countryside Act 1981
• Natural Environment and Rural Communities Act 2006
• Marine and Coastal Access Act 2009
• National Parks and Access to the Countryside Act 1949
• Access to the Countryside (Coastal Margin) (England) Order 2010, SI 2010/558
• Defra Guidance
• Planning Inspectorate Advice Notes

“excellent ... there could be no better guide”
New Law Journal

“such a reasonable price … deals with its subject in such a user-friendly way”
Agricultural Law Association Bulletin

"invaluable"
Country Landowner

"As usual, the style is straightforward and authoritative and delivered with the same panache and occasional gentle humour as is apparent in the author herself. This area of law is full of pitfalls and complications to ensnare the unwary and will doubtless continue to develop. We may hope for Mrs. Sydenham's guidance for many years yet."
Geoff Whittaker ALA Bulletin

"A useful reference book, and its spread of coverage greatly widens its appeal."
Byway and Bridleway

"The book will be of equal use to the beginnner and the most experienced specialist. One of the most useful aspects of the book allows a trail to be plotted, easily and conveniently, by the practitioner, to take in all the relevant statue, supplemental regulations, case law and guidance currently applicable....merits a place on the shelf of any practitioner whose work touches and concerns this area, from those acting directly for and in local authorities, to those acting for developers, private landowners, purchasers and sellers."
Roger Buston practises at Asher Prior Bates in Colchester, and is Law Society Council member for Suffolk and North Essex, and a member of the Property Section executive committee