Q&As

Is it possible to grant an express easement for a fixed term of years, subject to a break clause and/or an option to renew?

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Published on LexisPSL on 29/04/2019

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

  • Is it possible to grant an express easement for a fixed term of years, subject to a break clause and/or an option to renew?

Is it possible to grant an express easement for a fixed term of years, subject to a break clause and/or an option to renew?

In order for the express grant or reservation of an easement to be valid as the creation of a legal interest (and to be capable of completion by registration in the case of registered land), the easement must be for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute: section 1(2)(a) of the Law of Property Act 1925 and section 27(2)(d) of the Land Registration Act 2002.

An estate in fee simple absolute cannot (with certain exceptions arising under the Lands Clauses Acts or any similar statute) be divested (although it may be subject to a legal or equitable right of entry or re-entry, and in certain circumstances a freehold title can escheat to the Crown). So an easement which professes to be granted for an estate in fee

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