Part I Access to the countryside
Chapter I Right of access
Access under other enactments or by dedication
16 Dedication of land as access land.
(1)
Subject to the provisions of this section, a person who, in respect of any land, holds—
(a)
the fee simple absolute in possession, or
(b)
a legal term of years absolute of which not less than 90 years remain unexpired,
may, by taking such steps as may be prescribed, dedicate the land for the purposes of this Part, whether or not it would be access land apart from this section.
(2)
Where any person other than the person making the dedication holds—
(a)
any leasehold interest in any of the land to be dedicated, or
(b)
such other interest in any of that land as may be prescribed,
the dedication must be made jointly with that other person, in such manner as may be prescribed, or with his consent, given in such manner as may be prescribed.
(3)
In relation to a dedication under this section by virtue of subsection (1)(b), the reference in subsection (2)(a) to a leasehold interest does not include a reference to a leasehold interest superior to that of the person making the dedication.
(4)
A dedication made under this section by virtue of subsection (1)(b) shall have effect only for the remainder of the term held by the person making the dedication.
(5)
Schedule 2 to the M1Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) applies to dedications under this section as it applies to forestry dedication covenants.
(6)
Regulations may—
(a)
prescribe the form of any instrument to be used for the purposes of this section,
(b)
enable a dedication under this section to include provision removing or relaxing any of the general restrictions in Schedule 2 in relation to any of the land to which the dedication relates,
(c)
enable a dedication previously made under this section to be amended by the persons by whom a dedication could be made, so as to remove or relax any of those restrictions in relation to any of the land to which the dedication relates, and
(d)
require any dedication under this section, or any amendment of such a dedication by virtue of paragraph (c), to be notified to the appropriate countryside body and to the access authority.
(7)
A dedication under this section is irrevocable and, subject to subsection (4), binds successive owners and occupiers of, and other persons interested in, the land to which it relates, but nothing in this section prevents any land from becoming excepted land.
(8)
A dedication under this section is a local land charge.