Rights of light, other easements and covenants

Rights of light, other easements and covenants guidance:

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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: •...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note