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Easements, rights and covenants

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Latest Property News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Featured Property content

Sub-sales and assignments

Sub-sales and assignments

A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...

Double funding

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

Differences—joint insured and noting

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

Enquiries before contract

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....

Precedents

Deed of release of covenants

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

Conditional contracts—property

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

Concurrent and reversionary leases

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

Fixtures and fittings

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

Guide to reviewing certificate of title

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

Oversailing

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

Deed of grant of easements

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

Implied easements—common law

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

Easements—actionable interference

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

Specific clauses for transfers—indemnity covenant

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

Remedies for breach of restrictive covenants

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

Underletting at less than the passing or market rent

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

Quistclose trusts

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

Equitable mortgages and equitable charges—general principles and registered land

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

Authorised guarantee agreements

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

Overreaching—sales by trustees of land

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 accumulations

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 rights

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 rights

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 claims

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 deregistration

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 TVG

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 rights

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 enforcement

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

Under paragraph 2(1)(b) of Schedule 6 to the Housing Act 1985,, right to buy conveyances and leases shall have ‘rights to the access of light and air to a building or part of a building’. Does access to light have the same meaning as and constitute a right to light?

Under paragraph 2(1)(b) of Schedule 6 to the Housing Act 1985,, right to buy conveyances and leases shall have ‘rights to the access of light and air...
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Produced in partnership with Alexander Campbell of Field Court Chambers 14th May
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th May
Q&As

Is a covenant restricting use of a property to a 'single private residence' infringed by letting the property to multiple tenants? Does the answer differ if the tenants occupy under a single tenancy agreement rather than on separate tenancy agreements? Also, would the covenant prevent conversion of the property into flats?

Is a covenant restricting use of a property to a 'single private residence' infringed by letting the property to multiple tenants? Does the answer...
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13th 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 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...
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Produced in partnership with Sean Randall of Blick Rothenberg 13th May
Practice notes

Modification and discharge of restrictive covenants—the statutory route

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
Q&As

An agreement entered into in 1964 grants a right of way confirming that the grantee shall ‘peacefully hold and enjoy the benefit’ for the term of the agreement, which is 42 years. The right of way has been used, but the grantee is now facing objections. Can the right constitute a lease of a right of way capable of protection under the Landlord and Tenant Act 1954?

Section 23 of the Landlord and Tenant Act 1954 (LTA 1954) provides: ‘Subject to the provisions of this Act, this Part of this Act applies to any...
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Produced in partnership with Desmond Kilcoyne 6th May
Q&As

Does the doctrine of unity of seisin apply where the dominant and servient parcels of land are held by two different deceased registered owners who have the same personal representatives? Does it make a difference if the joint registered owners of one parcel are a deceased owner and their appointed personal representatives while the other parcel is owned by a different deceased owner and the same personal representatives?

An easement is extinguished when the freehold of both the dominant and servient lands come into the ownership and possession of the same person, in...
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26th Apr
Precedents

Deed of release of easement

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

Deed of grant of easements

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

Deed of release of covenants

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

Can a freeholder owner validly grant a right of way over its freehold land to a third party, where such land is subject to a 999 year lease and the leaseholder has not joined in the grant?

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
Q&As

Where a person owns two properties on one title, how can they split them into two separate Land Registry titles, but creating a right of way for one property across the other (access to the highway)? This is not a sale and the properties will still be owned by the same one person.

It may be possible to split the title into two titles, but this is very much dependent on the cooperation of HM Land Registry. See Q&A: Is it possible...
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13th Apr

Popular documents

Rescission of a contract

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of

Community order requirements

Community order requirements

Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)

CE-File—electronic filing and case management in the Rolls Building and other courts

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case

Tomlin orders

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border