Law of Property Act 1925: Key legislation governing easements in England and Wales. Sections 1(2) and 62 cover legal estates and implied rights, while Section 65 deals with the creation of easements.
Land Registration Act 2002: Establishes requirements for registration of easements and sets out priority rules and protection of rights in registered land.
Prescription Act 1832: Historical legislation that governs how rights of way can be acquired through long-term use (prescription).
Land Charges Act 1972: Sets out registration requirements for easements over unregistered land.
Re Ellenborough Park [1956]: Leading case law establishing the four essential characteristics of easements: dominant/servient tenements, accommodation of dominant tenement, different owners/occupiers, and capability of forming subject matter of grant.
Town and Country Planning Act 1990: Legislation relevant to planning permissions and restrictions that may affect rights of way.
Access to Neighbouring Land Act 1992: Governs rights of access to neighboring land for maintenance purposes, which may be relevant to right of way agreements.
Human Rights Act 1998: Article 1, Protocol 1 protects peaceful enjoyment of possessions, which must be considered when drafting easements.
Countryside and Rights of Way Act 2000: Legislation governing public access rights and public rights of way, which may impact private right of way agreements.
