The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:
In this Q&A the dominant land, ie the land with the benefit of the right of way is that demised to the tenant. The grant is to the freehold owner but it post-dates the lease. At the time the lease was granted, no right of way existed and so the tenant could not, whether expressly or impliedly, take the benefit of it. Had the right of way been in existence at the date of the grant of the lease, then under section 62(1) or (2) of the Law of Property Act 1925 (LPA 1925) the lease, which is a conveyance for the purposes of the section, would have been deemed to include, inter alia, all rights of way and other easements which at the date of the lease appertained or were reputed to appertain to the land demised.
LPA 1925, s 62 will not, however, operate so as to confer on the lessee any right which the lessor had no right to grant and at the date of this lease, the lessor could not have granted a right of way.
It may be the case that the
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.