Easements, rights and covenants

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Property weekly highlights—16 September 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—16 September 2021

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property content

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

Practice notes

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...

19th May

Practice notes

Occupiers and overriding interests

Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...

19th May

Practice notes

Headline rents

What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...

19th May

Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...

19th May

Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...

19th May

Practice notes

Starter tenancies

A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...

19th May

Practice notes

Dealing with rights of access in property transactions—Scotland

Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...

Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Scottish Law

Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...

19th May

Precedents

Contract for sale—agricultural land—freehold, vacant possession

Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...

19th May

Q&As

What happens to an under lease/sub-lease when the landlord of the under lease lawfully assigns the head lease to the tenant of the under lease so that the tenant of the under lease in effect becomes the tenant of the superior landlord as he has been assigned the head lease? Is the under lease automatically extinguished or does it merge with the head lease?

What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...

19th May

Practice notes

Tenant’s insurance issues—rent suspension

No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...

19th May

Practice notes

Is the agreement a grazing licence or farm business tenancy?

Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...

19th May

Practice notes

Who is liable for inherent defects?

Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...

19th May

Precedents

Simple declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)

EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...

19th May

Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?

The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...

Produced in partnership with Carl Fain of Tanfield Chambers 19th May

Practice notes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...

19th May

Most recent Easements, rights and covenants content

Q&As

Can a rentcharge exist on leasehold property?

Can a rentcharge exist on leasehold property?A rentcharge is an annual or other periodic sum charged on or issuing out of land and not arising out of...

13th Sep

Practice notes

Rights of light—obstruction notices

Rights of light—obstruction noticesThis Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule...

9th Sep

Q&As

Would a release of a right of way acquired through long use be effective if signed under hand rather than executed as a deed? Both the dominant and servient land are registered. The potential right is not documented in any way

Would a release of a right of way acquired through long use be effective if signed under hand rather than executed as a deed? Both the dominant and...

7th Sep

Q&As

An individual owns some land over which a public footpath runs. A neighbouring landowner has been cycling their bicycle over the path for over 20 years, but in order to do so they lift their bicycle over a wooden style at one end. Is this use by force, so as to defeat a claim for a prescriptive easement, given that the purpose of a style is to prevent use other than on foot?

An individual owns some land over which a public footpath runs. A neighbouring landowner has been cycling their bicycle over the path for over 20...

6th Sep

Q&As

We act for a 999-year leaseholder of a residential development site. An agreement under section 104 of the Water Industry Act 1991 and a Deed of Easement is needed. Would future purchasers/mortgagees of the new units expect the easement to be granted by the long leaseholder developer and the freeholder?

We act for a 999-year leaseholder of a residential development site. An agreement under section 104 of the Water Industry Act 1991 and a Deed of...

31st Aug

Q&As

If a client purchases land which is fronted by third party land, and that third party land fronts the adopted highway, but there is no right to passage of services through that third party land (under which there is a water, drainage and electricity connection), then is there a risk that the purchaser’s land could become land locked for the purpose of passage of service media in future or do the statutory undertakers’ rights to make connections and enter override the absence of these rights in the title to the purchaser’s land?

If a client purchases land which is fronted by third party land, and that third party land fronts the adopted highway, but there is no right to...

27th Aug

Q&As

Can an easement be silent on whether it is exclusive or not?

Can an easement be silent on whether it is exclusive or not?The grant of an easement does not give the owner of the dominant land exclusive use of the...

19th Aug

Practice notes

Declaratory relief of planning decisions

Declaratory relief of planning decisionsA declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a...

18th Aug

Practice notes

Overriding easements and other rights

Overriding easements and other rightsIntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and...

18th Aug

Q&As

What remedies are available to a buyer whose solicitors have breached their duty of care (negligence) and acted in breach of retainer in failing (i) to use the correct forms of Land Registry transfer (ii) to include necessary grants and reservations of rights and imposition of restrictive covenants with the result that the buyer (a) cannot register the transfer with the Land Registry and (b) in circumstances where the seller is refusing to enter into new and correct forms of transfer?

What remedies are available to a buyer whose solicitors have breached their duty of care (negligence) and acted in breach of retainer in failing (i)...

18th Aug

Q&As

Can a conveyance that grants the vendor a right to deal with any neighbouring premises as it sees fit, whether or not the light or air to the property being conveyed is diminished, amount to an easement despite not being expressed as one? Can successors in title benefit from this easement?

Can a conveyance that grants the vendor a right to deal with any neighbouring premises as it sees fit, whether or not the light or air to the property...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Aug

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 freehold title in return for payment of a financial consideration?

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...

Produced in partnership with Sean Randall of Blick Rothenberg 16th Aug

Practice notes

Perpetuities and accumulations

Perpetuities and accumulationsThe rules relating to perpetuities and accumulations stem from the common law and the provisions in the Perpetuities and...

15th Aug

Q&As

Can you grant a lease of a highway which has rights of vehicle access?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Q&As

Under what circumstances can a distribution network operator (DNO) exercise statutory rights for a new wayleave request? Does a DNO have powers to upgrade a connection where a wayleave is already in place?

Under what circumstances can a distribution network operator (DNO) exercise statutory rights for a new wayleave request? Does a DNO have powers to...

Produced in partnership with Matthew Collinson of Igloo Energy 11th Aug

Q&As

We act in the purchase of a development site. An easement will be entered into for surface water drainage to be laid across an adjoining site which directly abuts a watercourse into which the surface water will drain (and it is presumed that the owner of that site has the benefit of riparian rights). Can the owner effectively grant an easement to discharge water into the watercourse on the basis of their riparian rights? Would the owner of the riparian rights in the adjoining half of the watercourse also need to consent? Would this easement be legally binding and free from challenge? Are there any other steps which should be taken to ensure that the grantee's position is secured?

We act in the purchase of a development site. An easement will be entered into for surface water drainage to be laid across an adjoining site which...

11th Aug

Q&As

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works? Alternatively, are there any statutory provisions which prevent construction works taking place within a specified distance of any underground electricity cables?

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works?...

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 11th Aug

Precedents

Deed of release of covenants

Deed of release of covenantsThis Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in...

10th Aug

Precedents

Licence to use a route over land

Licence to use a route over landDate [date]Parties1[full name of Licensor] [of OR incorporated in England and Wales with company registration number...

10th Aug

Precedents

Deed of easement—underground services

Deed of easement—underground services date [date]Parties1[name of owner of Servient Land, ie the Grantor] [of OR incorporated in England and Wales...

10th Aug

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Easements, rights and covenants

View Property by content type:

Latest Property News

Property weekly highlights—16 September 2021

End of insolvency temporary provisions—introduction of new temporary provisions

UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property content

Resulting trusts

Easements and perpetuities

Title guarantee and covenants for title

What is a certificate of title?

Most recent Easements, rights and covenants content

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Breach of statutory duty

Medco

179. List of offences triable either way.

Easements and perpetuities

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