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Do Section 38 Agreements Run With The Land

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Landowners and their client teams come to us to advise us on where suspicious unwanted highways have been built or where planned construction requires land on which a public highway is currently located. There are two ways for an owner to stop a highway: section 278 agreements allow a developer to carry out work on a highway. The scope of the agreements covered in point 278 extends from the simplest curb to the most complex road renovation projects. Often, time is running out to conclude these agreements, as they will have a direct impact on the program. Below we have outlined a series of lessons we have learned to ensure that these agreements exist before booking contractors/highways: if you start working without the required authorization, we reserve the right to take legal action against you. The granting of technical approval is not an authorization for the start of the work. In Birmingham, we normally use s278 agreements to allow designers to employ a contractor in road construction and for that contractor to work on the existing public highway, as we, the motorway authority, would carry out work. The proponent is responsible for all aspects of the public highway work, from planning to monitoring the construction and ensuring that the work is completed to our satisfaction. Crossing and building highways requires authorization under Highway 1980. If no authorization is granted, this can result in a fine and, in the worst case, the highway authority may require that the vessel or sail be removed. Recently, we helped a customer buy a shopping mall that had attached a series of decorative elements to the façade of the main building. These features overturned the highway.

We have informed our client of the potential application risks associated with these features and possible mechanisms for regularizing the property under Highway 1980. Alarmingly, the alleged highway is not disclosed on the results of a search of the index card by the land registry. This is because land classified as highways (whether public or private) does not change ownership of the land. Moreover, and perhaps even more surprising, it is that, in some cases, private highways are not even provided by the motorway authority in the results of the search for highways. Therefore, those conducting on-site inspections should ensure that all crossing roads or “shortcuts” used by the public in the field are identified during due diligence. Stephenson Harwood`s planning lawyers advise our clients quickly and commercially so they can maximize their chances of success. The planning right cannot be defined in isolation from our clients` business objectives; We work closely with all members of our clients` professional team to achieve the best results in a timely and accessible format. Probable highways can be created if the country concerned has been used “right” (without authorization, violence or secrecy) for an uninterrupted period of 20 years. Therefore, if you simply allow the public to cut off your property, you may inadvertently create highway rights.

In our experience, it is important to also consider the introduction of the highway as a buyer, because if you buy a property on a new property with new inland roads and these roads are not up to standard, maintenance will not be the responsibility of the highway authority, but you and your neighbours could remain responsible for the maintenance of that road. Borrowing obligation is normally required for highways Act 1980 s278 or s38 agreements to protect road authorities when the proponent does not do enough work. The amount of the loan is based on the cost of the work, so the sooner you can make it available to the motorway authority, the better. Transportation regulations can be a magic wand for health problems