Q&As

If a local authority requires an express deed of easement in conjunction with a section 38 agreement allowing the drainage of surface water from the section 38 roads onto the developer's adjacent land (the section 38 roads and the adjacent land being in the same title number) once those roads have been adopted, at what point does the local authority gain a sufficient interest in the section 38 roads (the dominant land) such that the deed of easement can be granted?

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Published on LexisPSL on 10/05/2018

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

  • If a local authority requires an express deed of easement in conjunction with a section 38 agreement allowing the drainage of surface water from the section 38 roads onto the developer's adjacent land (the section 38 roads and the adjacent land being in the same title number) once those roads have been adopted, at what point does the local authority gain a sufficient interest in the section 38 roads (the dominant land) such that the deed of easement can be granted?
  • Easements
  • Highways adoption
  • Section 38 agreement

If a local authority requires an express deed of easement in conjunction with a section 38 agreement allowing the drainage of surface water from the section 38 roads onto the developer's adjacent land (the section 38 roads and the adjacent land being in the same title number) once those roads have been adopted, at what point does the local authority gain a sufficient interest in the section 38 roads (the dominant land) such that the deed of easement can be granted?

Easements

No easement can exist without both an identifiable

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