56BConversion of certain public rights of way to private rights of way

1

This section applies where—

a

a public right of way over land in England would be extinguished under section 53 immediately after the cut-off date, and

b

on the cut-off date, the exercise of the right of way—

i

is reasonably necessary to enable a person with an interest in land to obtain access to it, or

ii

would have been reasonably necessary to enable that person to obtain access to a part of that land if the person had an interest in that part only.

2

The public right of way becomes, immediately after the cut-off date, a private right of way of the same description for the benefit of the land or (as the case may be) the part of the land.

3

For the purposes of subsection (1)(b), it is irrelevant whether the person is, on the cut-off date, in fact—

a

exercising the existing public right of way, or

b

able to exercise it.

4

In this section, “cut-off date” has the meaning given in section 56.