Q&As

Our client is taking an easement over freehold land which is subject to a rentcharge but no copy of the document creating the rentcharge is available so the terms cannot be checked. Is there any way that our client might be liable to pay any part of the rentcharge or is this payable by the landowner only?

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Produced in partnership with Elizabeth England of 42 Bedford Row
Published on LexisPSL on 21/06/2016

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

  • Our client is taking an easement over freehold land which is subject to a rentcharge but no copy of the document creating the rentcharge is available so the terms cannot be checked. Is there any way that our client might be liable to pay any part of the rentcharge or is this payable by the landowner only?
  • What is a rentcharge?
  • What is an easement?
  • Can an easement be burdened with a rent charge?

What is a rentcharge?

A rentcharge is created by a deed, or by will, and charges the land with a rent. There is no right for the person with the benefit of the rentcharge to the reversion of the land in default of payment, but the land is charged with a distress. See Practice Note: Rentcharges—apportionment, termination and enforcement.

It is no longer possible to create a rent charge, unless one of the very limited circumstances in section 2(1) of the Rentcharges Act 1977 (RcA 1977) exists.

What is an easement?

An easement is a right to cross or otherwise use someone else's land for a specified purpose. The easement is itself a real property interest, but legal title to the underlying land is reta

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