History of ‘The Blue Book’: Rights of Way: A Guide to Law and Practice was first published in 1983, following the implementation of the major changes to legislation made by the Wildlife and Countryside Act 1981. It brought together in one publication material previously published separately by the RA and OSS, together with considerable additional new material, and proved popular with volunteers and professionals alike. A second edition followed in 1992, with a third edition in 2001 following the passage of the Countryside and Rights of Way Act 2000. CRES 2 (1513-1913) – by county or place name or the word “roads” or the phrases “right of way” and “rights of way” Before 1835 a landowner could declare or, in the conventional legal language, could ‘dedicate’ a road as a public right of way and it automatically became the liability of the public to repair it – whether it was of any great utility or not. This changed with the 1835 Highways Act, Section 23 of which established that if a landowner proposed to dedicate a road or bridleway as a public highway and intended that it would be repaired by the public, notice had to be given in writing to the surveyor of the parish. To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 11.1 Dominant and servient land registered A highway being either a footpath, bridleway or restricted byway (see section 66(1) of the WCA81, as amended by paragraph 9 of Schedule 5 CROW 2000, and section 27(6) of the NPACA 49).

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 A highway over which the public have a right of way on foot only, not being a footway (see section 329(1) of the HA80 and section 336(1) of the TCPA90), or a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road (see section 66(1) of the WCA81). “Footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only (section 329(1) of the HA80). Some 140,000 miles of the Rights of Way network are recorded on definitive maps in England. These were originally prepared under Part IV of the National Parks and Access to the Countryside Act 1949. The Act covered England but there were some areas, notably the administrative county of London and those of county boroughs, in respect of which there was a choice of whether to adopt the relevant provisions. Fully developed areas could also be excluded by resolution of county councils. For more information about using these records, see our guide to Enclosure awards. 9. Roads and rights of way in 19th century tithe documents any consents or certificates required in respect of charges or restrictions on the servient registered title; see Proving grantor’s power to make the grantwhere an easement is granted or reserved and the servient land is unregistered, that easement will need to be protected by way of a Class D(iii) land charge

Some of these notices survive in local archives but there are none in The National Archives. This element of the law was repealed by the Highways Act 1959. 7. Records of rights of way and highways on land owned by the Crown

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John Riddall and John Trevelyan, Rights Of Way: A Guide to Law and Practice, 4th edition (Henley-on-Thames and London, 2007). This and previous editions are often called the ‘Blue Book’. This section is principally concerned with cases similar to the first type mentioned in Legal easements in transfers and deeds of grant, meaning, where the titles to both the servient land and the dominant land are or will be registered. The difference is that, instead of transferring part of their land, the owner grants a lease of part of it and the lease includes an easement affecting or benefiting other land belonging to them. To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 4.1 Easements in registered leases Guidance for Local Highway Authorities: on crime prevention on public rights of way – designation of areas (applies to England only)