It can be impracticable to carry out works of repair or improvement to land without going onto another person's land (eg where the building line is very close to 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...
Importance of common land Defra guidance advises that common land can deliver a range of benefits including: • economic—grazing livestock, employment and income from...
Since the Commons Registration Act 1965 (CRA 1965) came into force, all land in England and Wales which is common land or a TVG, and all rights of common over such land,...
The existence and nature of rights of common are determined by the state of the register. Common land, a town or village green (TVG) and all rights of common over such...
The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the Competition and Markets...
What is common land? The term ‘common land’ usually includes all land which is subject to rights of common, ie the rights which one or more ‘commoners’ may have to take...
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...
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...
Drafting—2009 Act The Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010,...
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...
In order to show that an easement has been abandoned, the servient owner must show that the dominant owner had a clear and fixed intention never to: • exercise the right...
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...
There are different ways in which an easement may cease to exist and this Practice Note looks primarily at unity of seisin, also known as unity of ownership. For other...