The Vehicular Access Across Common and Other Land (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations regulate the procedure to be followed by persons wishing to apply for an easement subsisting at law for the benefit of premises and giving a right of way for vehicles over common or other land pursuant to section 68 of the Countryside and Rights of Way Act 2000.

Regulation 3 states who is entitled to make an application and regulation 4 the prescribed date for the purpose of section 68(1)(b) of the Countryside and Rights of Way Act 2000.

Regulation 5 states the nature of an easement created pursuant to these Regulations and regulations 6 to 9 set out how to make an application for an easement and the subsequent procedure.

Regulation 10 provides for the Lands Tribunal to determine any matters in dispute between the applicant and the land owner except for the value of the premises. Regulation 11 provides for the compensation sum payable to the land owner in return for the easement, to be calculated by reference to a percentage of the value of the premises. Regulation 12 sets out how, where no agreement can be reached on the value of the premises, this is determined by a chartered surveyor who is chosen by the parties or specially appointed.

Regulations 13 and 14 stipulate how the compensation sum is to be paid to the land owner or into court. Under regulation 15 an easement is created on payment of the compensation sum.

Regulation 16 makes provision for notices served under these Regulations.

Regulation 17 provides that the applicant is to be responsible for the costs incurred by the land owner if the application is withdrawn or abandoned.