Q&As

In relation to a TR1, the seller would like to reserve a right to access the land being sold for the purposes of visiting a memorial for himself and his children, but he is not retaining any land. How should this right be reserved? Is it a personal contractual right and how should it be protected against future owners?

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Produced in partnership with Elizabeth England of 42 Bedford Row
Published on LexisPSL on 23/05/2016

The following Property Q&A produced in partnership with Elizabeth England of 42 Bedford Row provides comprehensive and up to date legal information covering:

  • In relation to a TR1, the seller would like to reserve a right to access the land being sold for the purposes of visiting a memorial for himself and his children, but he is not retaining any land. How should this right be reserved? Is it a personal contractual right and how should it be protected against future owners?
  • Easements
  • Is the right to visit a memorial capable of being an easement?
  • Covenants
  • Is the right proposed capable of being a covenant?
  • Can the right of access bind future owners in any other way?

Easements

An easement is a legal right which one person has over the land of another, which benefits the land of the person who has the right in question. It is a right which falls short of possession of the land. The land over which the right exists is known as the servient tenement, and the land in favour of which the right exists is known as the dominant tenement. In order for a right to be an easement it must have the following characteristics:

  1. there must be a dominant and a servient tenement

  2. the easement must accommodate the dominant tenement

  3. dominant and servient owners must be different persons, and

  4. the right must be capable of forming the subject-matter of a grant

See Practice Note: Easements—nature and c

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