Easements, rights and covenants

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Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Easements, rights and covenants content

Q&As
An electricity distributor is a potential licence holder under section 6 of the Electricity Act 1989 (EA 1989).Underground electricity cables will...
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Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 27th Jan
Q&As
Gas companies’ rights to enter premises for maintenance and repair are statutory rights, mainly from the Rights of Entry (Gas and Electricity Boards)...
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Produced in partnership with Bethany Pickup of Browne Jacobson 27th Jan
Q&As
A distribution network operator (DNO) can exercise its powers to obtain a necessary wayleave regardless of the number of connecting parties; however,...
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Produced in partnership with Matthew Collinson of Igloo Energy 26th Jan
Q&As
The doctrine of lost modern grant is useful where the enjoyment of the land does not continue up to the commencement of the action (in contrast to the...
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22nd Jan
Q&As
The answer to this Q&A depends on the true construction of the words used in the grant of the easement.The most recent reported case in this area is...
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Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
An easement may be established by long use by statute (Prescription Act 1832 (PA 1832)).We are assuming that this Q&A relates to a right of way.The...
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22nd Jan
Q&As
We refer you to Halsbury's Laws of England > ANIMALS (VOLUME 2 (2008)) > 4. GAME RIGHTS > (1) OWNERS' AND TENANTS' RIGHTS > (ii) Tenants' Rights > A....
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22nd Jan
Q&As
It is not always clear cut when it comes to interpreting the language and meaning of a restrictive covenant, and each case will turn on its own facts....
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan
Q&As
The first consideration is the wording of the covenant itself. On the assumption that the covenant does not identify specific heads of expenditure...
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22nd Jan
Q&As
'Bridleway' means a way over which the public have the following, but no other, rights of way: a right of way on foot and a right of way on horseback...
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Produced in partnership with Andrew Maguire of St Philips Chambers 22nd Jan

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