Q&As

Is it possible to reserve a right of way in a transfer of land for the benefit of not only the existing retained land, but also any land that the seller may acquire in the period of 80 years following the date of the transfer?

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Published on LexisPSL on 01/06/2016

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

  • Is it possible to reserve a right of way in a transfer of land for the benefit of not only the existing retained land, but also any land that the seller may acquire in the period of 80 years following the date of the transfer?

Is it possible to reserve a right of way in a transfer of land for the benefit of not only the existing retained land, but also any land that the seller may acquire in the period of 80 years following the date of the transfer?

The four requirements for the creation of a valid easement are set out in Re Ellenborough Park as follows:

  1. there must be a dominant and a servient tenement

  2. an easement must accommodate the dominant tenement

  3. dominant and servient owners must be different

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