Explore the legal landscape of easements and covenants, vital components in property law. This topic offers expert guidance on managing rights and obligations that affect land use and ownership. Delve into the intricate aspects of rights of way and water, access to sunlight, and other specific privileges affecting property. Equip yourself with the expertise to navigate and resolve these often-contentious issues efficiently and effectively.
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Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
A person has a right of way to access their property both with vehicles and on foot over an unadopted road. The right of way has been obstructed by a neighbour who parks their vehicle across the entrance to the road. The neighbour's property is unregistered and has no right of way over the road. No
In relation to a restrictive covenant: (1) what is the meaning of ‘persons deriving title’, does it include successors in title, tenants, heirs etc, (2) what is the meaning of ‘private dwelling house’ and is there a difference in meaning between this and ‘private residence’, and (3) would a
There is a restrictive covenant noted on a registered title, and the covenant was created in 1966 before registration of the land in 1980. If a land charges search reveals that the covenant is not registered as a class D(ii) land charge against the original covenantor, does that mean it should never
Acquisition of easements by long usePresumed grantAn 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 (under the Prescription Act 1832 (PA 1832))It is possible to seek to establish a claim under each of
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