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Countryside and Rights of Way Act 2000

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Changes over time for: Section 50

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Changes to legislation:

Countryside and Rights of Way Act 2000, Section 50 is up to date with all changes known to be in force on or before 13 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

50 Private rights over restricted byways.E+W

This section has no associated Explanatory Notes

(1)Restricted byway rights over any way by virtue of subsection (1) of section 48 are subject to any condition or limitation to which public rights of way over that way were subject immediately before the commencement of that section.

(2)Any owner or lessee of premises adjoining or adjacent to a relevant highway shall, so far as is necessary for the reasonable enjoyment and occupation of the premises, have a right of way for vehicular and all other kinds of traffic over the relevant highway.

(3)In subsection (2), in its application to the owner of any premises, “relevant highway” means so much of any highway maintainable at the public expense by virtue of section 49(1) as was, immediately before it became so maintainable, owned by the person who then owned the premises.

(4)In subsection (2), in its application to the lessee of any premises, “relevant highway” means so much of any highway maintainable at the public expense by virtue of section 49(1) as was, immediately before it became so maintainable, included in the lease on which the premises are held.

(5)In this section—

  • lease” and “lessee” have the same meaning as in the 1980 Act;

  • owner”, in relation to any premises, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the premises, whether in possession or in reversion, and “owned” shall be construed accordingly; and

  • premises” has the same meaning as in the 1980 Act.

Commencement Information

I1S. 50 in force at 2.5.2006 for E. by S.I. 2006/1172, art. 2(d)

I2S. 50 in force at 11.5.2006 for W. by S.I. 2006/1279, art. 2(d)

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