Q&As

A tenant is taking a lease. The freehold title contains an entry which provides that the land is subject to such easements as may exist by virtue of section 15(1)(b) of the Endowments and Glebe Measure 1976. The landlord (freeholder) purchased the property from the diocesan board some years ago and has confirmed that no easements have been exercised to their knowledge and that they do not have indemnity insurance. Does this entry still apply given the owner of the site is no longer the Diocesan Board? Should the tenant insist that indemnity insurance be put in place?

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Published on LexisPSL on 21/09/2017

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

  • A tenant is taking a lease. The freehold title contains an entry which provides that the land is subject to such easements as may exist by virtue of section 15(1)(b) of the Endowments and Glebe Measure 1976. The landlord (freeholder) purchased the property from the diocesan board some years ago and has confirmed that no easements have been exercised to their knowledge and that they do not have indemnity insurance. Does this entry still apply given the owner of the site is no longer the Diocesan Board? Should the tenant insist that indemnity insurance be put in place?

A tenant is taking a lease. The freehold title contains an entry which provides that the land is subject to such easements as may exist by virtue of section 15(1)(b) of the Endowments and Glebe Measure 1976. The landlord (freeholder) purchased the property from the diocesan board some years ago and has confirmed that no easements have been exercised to their knowledge and that they do not have indemnity insurance. Does this entry still apply given the owner of the site is no longer the Diocesan Board? Should the tenant insist that indemnity insurance be put in place?

Section 15(1)(b) of the Endowments and Glebe Measure 1976 vests land in the Diocesan Board subject to such easements as existed on the appointed day (1 April 1979). Section 15(2) provides that the easements take effect as legal easements. We have not seen any suggestion within the statute that they apply to the property only for so long as the Diocesan Board is the owner.

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