On the sale of a property which has the benefit of an easement, is it possible to prevent the benefit of that easement from passing to the buyer? HM Land Registry practice guide 62 appears to indicate this can be done by excluding the passing of the benefit in the transfer in terms as set out in the guide. The seller does not wish to transfer the benefit of a right of way over an adjoining property as the family own the adjoining property. For complex reasons it will not be possible to enter into a formal deed of release. Will a clause in the transfer excluding the passing of the benefit of the right be sufficient to exclude the benefit on completion?

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).