Gain expert guidance on navigating intricate property issues involving easements, rights, and covenants. Enhance your practice with a deep understanding of these critical elements, and uncover effective strategies for dispute resolution, term negotiation, and legal compliance. Stay informed and proficient in managing complex property scenarios with precision and confidence.
Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...
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...
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are...
Is it possible for a landowner to grant a lease of an easement for a term of years with payments of periodic rent? If so, do you have a precedent for this?Generally, rights over land can be granted in various ways, being, commonly, by way of lease, licence, or easement. A lease gives a demise of a
Easements and perpetuitiesDrafting — Perpetuities and Accumulations Act 2009The Perpetuities and Accumulations Act 2009 (PAA 2009) effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010. This means that the draftsman creating the grant of the
The Prescription Act 1832 states ‘...The claimant must show a period of use of 20 years immediately preceding the claim’. A claimant establishes more than 20 years user of a right of access and is then sent letters by the servient owner stating there is no access. More than a year later a claim for
Easements—obligations to repair and maintainThis Practice Note looks at where the responsibility lies for repairing and maintaining land which is subject to easements and who is responsible for the cost of its upkeep particularly where there is no express agreement allocating responsibility for
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