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.
The Ministry of Housing, Communities and Local Government (MHCLG) has updated its tenant-facing guidance on possession proceedings in the social...
This week's edition of Property weekly highlights includes: cases on mortgagees in possession and the Renting Homes (Wales) Act 2016, residential...
Property Disputes analysis: The High Court has clarified when a mortgagee becomes a landlord under the Renting Homes (Wales) Act 2016 (RH(W)A 2016)...
The Scottish Government has launched a Stage 2 consultation on proposals to deliver a Scottish equivalent to the Passivhaus standard through Scottish...
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—extinguishingThere 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 ways in which an easement may be extinguished, consider:•abandonment—see Practice Note: Easements lost by
Easements lost by abandonmentIn 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 again on their own behalf, or•attempt to pass the right to anyone else Abandonment where the original
Checklist for the creation and registration of easementsThis Checklist looks at how easements are created and how they must or may be registered at HM Land Registry. It includes the following key sections:•Is there an easement?•Is it capable of being a legal easement?•Has the easement been created
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