Q&As

A is selling two pieces of adjoining land to B and to C. B will need access to C’s land to maintain and repair the boundary. Is a reserved right of access in the transfer from A to C if A then sells the retained land to B—sufficient to achieve this for B or is there a better way to ensure that B and its successors have this right?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Carl Fain of Tanfield Chambers
Published on: 04 July 2019
imgtext

This may be the correct way to achieve a right of access from B’s land over C’s land. The reserved right will benefit

Carl Fain
Carl Fain chambers

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents

Easements—extinguishing

Easements—extinguishingThere are different ways in which an easement may cease to exist and this Practice Note looks primarily at unity of seisin, also known as unity of ownership.For other ways in which an easement may be extinguished, consider:•abandonment; see Practice Note: Easements lost by

A person has a right of access over a private road at all times and for all purposes. Does this right

A person has a right of access over a private road at all times and for all purposes. Does this right allow access to the dominant land at any point along its length including the right to create a new opening into the dominant land?In this scenario, A has a right of way over a private road at all

Implied easements—common law

Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsEasements may also be implied by statute under section 62 of the Law of Property Act 1925 (LPA 1925), see Practice Note: Easements—LPA

Positive covenants—binding successors in title

Positive covenants—binding successors in titleA covenant is a form of contract. The doctrine of privity of contract establishes that the rights and liabilities created by a contract bind the parties to it but no-one else. However, in the case of a covenant relating to land, property law principles