Law of Property Act 1925: Primary legislation governing property law in England and Wales. Key sections 1(2) and 62 detail requirements for creating legal easements and their registration. Establishes fundamental principles for property rights and transfers.
Land Registration Act 2002: Modern framework for land registration in England and Wales, covering requirements for registration of easements, priority rules, and protection of easements in the land registration system.
Land Charges Act 1972: Legislation governing the registration of easements and other rights over unregistered land, establishing a system for protecting interests in unregistered land.
Common Law Requirements (Re Ellenborough Park [1956]): Landmark case establishing four essential characteristics of easements: must have dominant and servient tenements, must accommodate the dominant tenement, owners must be different persons, and must be capable of forming subject matter of a grant.
Prescription Act 1832: Historic legislation governing the acquisition of easements through long use (prescription), particularly relevant for established rights of way.
Access to Neighbouring Land Act 1992: Legislation providing temporary access rights to neighboring land for maintenance and repairs, which may be relevant in context of access easements.
Infrastructure Act 2015: Modern legislation that may affect access rights, particularly in relation to infrastructure projects and development.
Town and Country Planning Act 1990: Planning legislation that may affect the creation and use of easements, including requirements for planning permissions and restrictions on land use.
Environmental Legislation: Various environmental protection laws that may impact the creation and exercise of access rights, particularly in environmentally sensitive areas.
Local Authority Bylaws: Local regulations that may affect the creation and exercise of access rights in specific geographical areas.
Conservation Area Regulations: Special rules applying to conservation areas that may restrict or affect the creation and exercise of access rights.
Listed Building Regulations: Specific rules applying to listed buildings and their surroundings that may impact access arrangements and easements.
