Easements, rights and covenants

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Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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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
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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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
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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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
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
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
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov

Most recent Easements, rights and covenants content

Practice notes
Perpetuities and accumulationsThe rules relating to perpetuities and accumulations stem from the common law and the provisions in the Perpetuities and...
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16th May
Practice notes
New Electronic Communications Code—terminating and modifying Code rightsFORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property)...
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15th May
Practice notes
New Electronic Communications Code—Code rightsFORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021)...
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15th May
Practice notes
Rights of light claimsIs there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing...
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15th May
Practice notes
Town and village greens—registration, rectification, correction and deregistrationThis Practice Note deals with amendments to the register of town and...
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Produced in partnership with Stephen Morgan of Landmark Chambers 15th May
Practice notes
Town and village greens—making an application to register a TVGRegistration authoritiesApplications for registration of a town and village green (TVG)...
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Produced in partnership with Stephen Morgan of Landmark Chambers 15th May
Practice notes
Overriding easements and other rightsIntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and...
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15th May
Practice notes
Rentcharges—apportionment, termination and enforcementCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency...
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15th May
Q&As
Can you grant a lease of a highway which has rights of vehicle access?A highway at common law is a way over which there exists a public right of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th May
Q&As
Is there any potential stamp duty land tax payable as a result of entering into a deed of release/variation of a restrictive covenant affecting a...
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Produced in partnership with Sean Randall of Blick Rothenberg 13th May
Practice notes
See Practice Note: Modification and release of restrictive covenants—the non-statutory route in relation to the non-statutory route.Application to the...
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11th May
Precedents
This Deed is made on [insert date]PARTIES1[insert name of owner of Dominant Land][ of [insert address] OR incorporated in England and Wales with...
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26th Apr
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...
Read More >
26th Apr
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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23rd Apr
Q&As
A person who has granted a right or benefit to another over land may not act in a way which substantially deprives the other of that benefit. This...
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19th Apr

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