Q&As

A deed of grant of easement imposes land registry restrictions on both the servient and dominant tenement titles to ensure that a deed of covenant is entered into by future successors in title. The grantor and the grantee have entered into positive and restrictive covenants. Should the deed of covenant enforce just the positive covenants, or the restrictive covenants as well (even though they run with the land in any case)?

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Published on LexisPSL on 20/01/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A deed of grant of easement imposes land registry restrictions on both the servient and dominant tenement titles to ensure that a deed of covenant is entered into by future successors in title. The grantor and the grantee have entered into positive and restrictive covenants. Should the deed of covenant enforce just the positive covenants, or the restrictive covenants as well (even though they run with the land in any case)?
  • Easements—generally
  • Creation
  • Protection

Easements—generally

An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title. Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient land and so giving the dominant owner the right to receive something from the servient land (eg a right to light).

An easement has four essential characteristics:

  1. there must be a dominant and a servient tenement

  2. the easement must accommodate the dominant tenement

  3. the dominant and

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