Full title to the servient land starting with a good root more than 15 years old at the date of the application and including Land Charges search results must accompany the application. 7.2.1 Charges There are large numbers of records relating to turnpikes in local archives and a significant number at The National Archives too. Search our catalogue with the following words and combinations for a variety of related records: Where there is a clause in a lease (in the case of a prescribed clauses lease, the clause should be included or referred to preferably in panel LR4 but can be instead in LR11) to the effect that the property is let or demised without the benefit of any existing easements, any entries in respect of the benefit of existing easements in the landlord’s title will not be carried forward to the tenant’s title. Where the clause is to the effect that the property is let or demised with the benefit of only those existing easements which are expressly referred to in the lease, only the entries in the landlord’s title expressly referred to in the lease will be carried forward to the tenant’s title. Where it is unclear whether the effect of the clause is to prevent the benefit of an existing easement passing, the relevant entry will not be carried forward. 10.3 Preventing both the creation and passing of easements Both of these tests can be described as gateway tests - unless they are passed the decision-maker does not get to the third test.

This guide provides advice on where to look for records of public rights of way, roads and other highways in England and Wales. The National Archives is not the best place to start looking for these kinds of records and much of the advice in this guide directs you elsewhere.

To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 7.1 Servient land is registered 7.1.1 Charges Before we can enter the benefit of an easement in the register, we must be sure that it subsists as a legal interest. You must, therefore, lodge evidence that the grantor had power to grant the easement; see Proving grantor’s power to make the grant. If the evidence produced is not conclusive that a legal interest exists, we may either omit the right or enter a qualification note to the entry. See Retention of documents lodged with applications, regarding retention of documents sent to us. 12.1 The application FPs, BWs and RBs may be created by agreement between a local authority and anyone having power to dedicate such a way over the land in question, being in the local authority’s area (Highways Act 1980 (HA 80), section 25). Parish/community councils also have powers to create FPs and BWs by agreement if in their opinion it would be beneficial to the inhabitants of the parish or community (HA 80, section 30). Since they are created by agreement, these cases are not submitted to the Inspectorate for determination but may be relevant to other proposals. See practice guide 64: prescribed clauses leases for further details of how to complete the prescribed clauses.

where an easement is granted and the lease is registered, we cannot enter the benefit in the register for the leasehold estate as provision is only made for appurtenant legal easements to be registered Local authorities are required to make these resources available for public inspection. Some local archives may also hold old, as well as current, definitive maps and statements. Tithe maps and apportionments can, nevertheless, be rich in detail and some, as well as showing rights of way, can include information about:If no entry is made when the lease is registered, application for entry of the benefit of the easement can be made at a later date on form AP1 stating the benefiting title numbers in panel 2. 4.1.2.2 Dominant land is unregistered In practice some authorities misunderstood the advice and used the symbols on their definitive map and statement. The symbols had no statutory status. Consequently, where they have been used they do not confirm the existence of public vehicular rights of way. Appendix 2: Definitions - a local authority If LR11.1 has not been completed correctly no entry will be made in the leasehold register in respect of the benefit of any easements granted by the lease. If an entry is omitted in this situation you may make an application using form AP1 either at the time the lease is registered or subsequently for the easements granted in the lease to be registered.