Uploaded November 2025 | Updated September 2026, 2 weeks ago
BOOK REVIEW
RESTRICTIONS ON THE USE OF LAND
A Practitioner’s Handbook
2nd edition
By William Webster and Robert Weatherley
ISBN: 978 0 85490 303 0
WILDY, SIMMONDS AND HILL PUBLISHING
wildy.com
A COMPREHENSIVE HANDBOOK FOR LAND LAW PRACTITIONERS
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
William Webster and Robert Weatherley have written an excellent second edition of their accessible practitioners’ handbook on restrictions on the use of land. It is a single up-to-date reference work which discusses a broad range of public and private law topics which directly impact on the use and development of land and remains of great assistance to those involved in land law, and specifically incorporeal hereditaments.
The authors have introduced new chapters on wayleaves, planning enforcement, and trees and hedgerows, and for this updated edition, the authors have included coverage of significant range of recent case law.
For those involved in the interesting world of contentious easements, Regency Villas Ltd v Diamond Resorts (Europe) Ltd [2018] is cited - a case discussing the four essential requirements of an easement, together with some recent authorities, such as Hughes v Benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021].
If you are researching legal issues involving town and village greens see TW Logistics Ltd v Essex County Council [2021] covering the post-registration rights of a landowner and the interplay with the so-called ‘Victorian Statutes’, or R (Bellway Homes Ltd) v Kent County Council [2022] which reviews the trigger events under s.15C of the Commons Act 2006
For public rights of way see the commentary in DPP v Ziegler [2021] covering the interplay between a person’s right to protest and the obligation not to obstruct the highway, and R (Monckton) v Staffordshire County Council [2022] which involves a judicial review in the case of a modification order before it was confirmed.
The ever-popular disputes on restrictive covenants are examined in Birdlip Ltd v Hunter [2016] involving the pre-requisites for a building scheme, and Fearn v Board of Trustees of the Tate Gallery [2023] which offers a modern restatement of the law of private nuisance in the context of visual intrusion.
In addition, assets of community value are explored in Banner Homes Ltd v St Albans District Council [2018] - a case discussing the meaning of “actual use” in section 88(2)(a) of the Localism Act 2011 compared with R (TV Harrison CIC) v Leeds City Council [2022] citing a judgment which cites from four decisions of the First Tier Tribunal.
Wildy, Simmonds and Hill Publishing is an independent, family-owned law publisher. Its history goes back to a time when publishers, printers and booksellers were one and the same. While the Wildy & Sons bookshop has been trading from Lincoln’s Inn Archway since 1830, the shop has come across books published by the firm in the early 1820s.
Throughout the years Wildy have continued to publish law titles and work closely with experienced and valued authors, while maintaining the company’s high levels of service to the legal community as exemplified by this excellent work.
The second edition of this hardback book was published in 2024.
BOOK REVIEW
RESTRICTIONS ON THE USE OF LAND
A Practitioner’s Handbook
2nd edition
By William Webster and Robert Weatherley
ISBN: 978 0 85490 303 0
WILDY, SIMMONDS AND HILL PUBLISHING
wildy.com
A COMPREHENSIVE HANDBOOK FOR LAND LAW PRACTITIONERS
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
William Webster and Robert Weatherley have written an excellent second edition of their accessible practitioners’ handbook on restrictions on the use of land. It is a single up-to-date reference work which discusses a broad range of public and private law topics which directly impact on the use and development of land and remains of great assistance to those involved in land law, and specifically incorporeal hereditaments.
The authors have introduced new chapters on wayleaves, planning enforcement, and trees and hedgerows, and for this updated edition, the authors have included coverage of significant range of recent case law.
For those involved in the interesting world of contentious easements, Regency Villas Ltd v Diamond Resorts (Europe) Ltd [2018] is cited - a case discussing the four essential requirements of an easement, together with some recent authorities, such as Hughes v Benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021].
If you are researching legal issues involving town and village greens see TW Logistics Ltd v Essex County Council [2021] covering the post-registration rights of a landowner and the interplay with the so-called ‘Victorian Statutes’, or R (Bellway Homes Ltd) v Kent County Council [2022] which reviews the trigger events under s.15C of the Commons Act 2006
For public rights of way see the commentary in DPP v Ziegler [2021] covering the interplay between a person’s right to protest and the obligation not to obstruct the highway, and R (Monckton) v Staffordshire County Council [2022] which involves a judicial review in the case of a modification order before it was confirmed.
The ever-popular disputes on restrictive covenants are examined in Birdlip Ltd v Hunter [2016] involving the pre-requisites for a building scheme, and Fearn v Board of Trustees of the Tate Gallery [2023] which offers a modern restatement of the law of private nuisance in the context of visual intrusion.
In addition, assets of community value are explored in Banner Homes Ltd v St Albans District Council [2018] - a case discussing the meaning of “actual use” in section 88(2)(a) of the Localism Act 2011 compared with R (TV Harrison CIC) v Leeds City Council [2022] citing a judgment which cites from four decisions of the First Tier Tribunal.
Wildy, Simmonds and Hill Publishing is an independent, family-owned law publisher. Its history goes back to a time when publishers, printers and booksellers were one and the same. While the Wildy & Sons bookshop has been trading from Lincoln’s Inn Archway since 1830, the shop has come across books published by the firm in the early 1820s.
Throughout the years Wildy have continued to publish law titles and work closely with experienced and valued authors, while maintaining the company’s high levels of service to the legal community as exemplified by this excellent work.
The second edition of this hardback book was published in 2024.
