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 of user of the...
Presumed grant An easement may be established by long use: • at common law • under the doctrine of lost modern grant (a species of common law prescription) • by statute...
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 commonly) the...
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 does not order any...
Date [insert date of deed in its full format DD-Month-Year] Parties 1 [insert full name of owner of dominant land][of [insert address] OR whose registered office is at...
The rule against derogation from grant applies to the grant of easements and rights granted for a term of years. The principle is that someone who agrees to confer a...
Securing necessary easements Where third party land intervenes between a new development and the public highway, most developers are aware that they will need to secure a...
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed. Not every interference is...
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 land) must be clear at...
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 drainage. These rights...
Section 62 of the Law of Property Act 1925 (LPA 1925) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a permission...
Nature of an easement An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person...
This Practice Note looks at where the responsibility lies for repairing and maintaining land which is subject to easements and at who is responsible for the cost of its...
For freehold and long leasehold land it is possible to apply to the court for a declaration stating whether the land is affected by any restriction and, if so its: •...
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 obtained by grant...
When selling a freehold property, sellers may wish to create positive covenants for future owners to perform. Problems may arise with the enforcement of positive...
There are three different ways by which an easement can be implied at common law: • necessity • intended use • the rule in Wheeldon v Burrows The implied grant of an...
Restrictive covenants are frequently imposed when land is divided so that future development requires the consent of: • the original seller, or • the original seller and...
Produced in partnership with Kate Andrews of Hamlins LLP PRIVATE & CONFIDENTIAL [insert name and address of surveyor] [insert date] Dear [insert name of surveyor] [insert...
Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can apply to the...
Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can...
Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of the land...
No presumption of success if planning permission obtained The fact that planning permission has been granted for a development which would breach a restrictive covenant...
Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of...
Produced in partnership with Browne Jacobson LLP Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
Introduction Section 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining land in connection...