35 Creation of walkways by agreement

35  Creation of walkways by agreement

(1)     An agreement under this section may be entered into—

(a)     by a local highway authority, after consultation with the council of any [non-metropolitan] district in which the land concerned is situated;

(b)     by a [non-metropolitan] district council, either alone or jointly with the local highway authority, after consultation with the local highway authority.

(2)     An agreement under this section is an agreement with any person having an interest in any land on which a building is, or is proposed to be, situated, being a person who by virtue of that interest has the necessary power in that behalf,—

(a)     for the provision of ways over, through or under parts of the building, or the building when constructed, as the case may be, or parts of any structure attached, or to be attached, to the building; and

(b)     for the dedication by that person of those ways as footpaths subject to such limitations and conditions, if any, affecting the public right of way thereover as may be specified in the agreement and to any rights reserved by the agreement to that person and any person deriving title to the land under him.

A footpath

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