Rights of light, other easements and covenants

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Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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30th Oct
Practice notes
The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...
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29th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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12th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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12th Oct
Practice notes
Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...
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9th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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2nd Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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30th Sep
Practice notes
STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...
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25th Sep
Practice notes
This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...
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25th Sep
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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25th Sep
Practice notes
Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...
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25th Sep
Practice notes
This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....
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25th Sep

Most recent Rights of light, other easements and covenants content

Practice notes
The National Trust’s powers to enforce restrictive covenantsIn addition to the National Trust’s power to enforce restrictive agreements and covenants...
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25th Sep
Practice notes
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...
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25th Sep
Practice notes
Securing necessary easementsWhere third party land intervenes between a new development and the public highway, most developers are aware that they...
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25th Sep
Practice notes
This Practice Note sets out the issues that a developer should consider in respect of rights of light (ROL) insurance and the common requirements,...
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25th Sep
Practice notes
Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...
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25th Sep
Practice notes
This Practice Note looks at where the responsibility lies for repairing and maintaining land which is subject to easements and at who is responsible...
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25th Sep
Practice notes
The need for parking is commonplace and consequently land for parking can attract significant value either by way of:•sale•lease or licence, and•(most...
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25th Sep
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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25th Sep
Practice notes
No presumption of success if planning permission obtained The fact that planning permission has been granted for a development which would breach a...
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25th Sep
Practice notes
The use and occupation of land often depends on the land in question having the benefit of easements — for example, a right of way or a right of...
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25th Sep
Practice notes
Does a right to light exist?An owner of land has no natural right to light at common law. Accordingly, it must be established that the right has been...
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25th Sep
Practice notes
Where an easement is expressly granted, the extent of the land benefiting from it (the dominant land) and of the land burdened by it (the servient...
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26th Sep
Practice notes
Express releaseA restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent...
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26th Sep
Precedents
Date [insert date of deed in its full format DD-Month-Year]Parties1[insert full name of owner of dominant land][of [insert address] OR whose...
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26th Sep
Practice notes
IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...
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26th Sep
Precedents
IntroductionA claim about rights of light will often be commenced under CPR 7 by using Claim form (N1), although in some cases the CPR Part 8...
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26th Sep
Precedents
PRIVATE & CONFIDENTIAL[insert name and address of surveyor][insert date]Dear [insert name of surveyor][insert case heading]INSTRUCTIONS TO ACT AS...
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26th Sep
Precedents
This Precedent schedule can be used to track the service and receipt of Light Obstruction Notices (LONs) served on interested parties, and then be...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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Produced in partnership with Jill Carey of Freeths 26th Sep
Precedents
From: [insert name and address of user of the route]To: [insert name and address of registered proprietor/owner of the route][I OR We], [insert name...
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26th Sep

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