Easements

Easements guidance:

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...

Practice Note

From: [insert name and address of user of the route] To: [insert name and address of registered proprietor/owner of the route] [I OR We], [insert name of user of the...

Precedents

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...

Practice Note

Date [insert date of deed in its full format DD-Month-Year] Parties 1 [insert full name of Grantor] [of [insert address] OR incorporated in England and Wales with company...

Precedents

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...

Practice Note

This Deed of made on [insert date] Parties 1 [insert name of the owner of the Servient Land] [of [insert address] OR incorporated in England and Wales with company...

Precedents

This Deed is made on [insert date] Parties 1 [insert name of the owner of the Servient Land] [of [insert address] OR incorporated in England and Wales with company...

Precedents

This Deed is made on [insert date] Parties 1 [insert name of the owner of the Servient Land][ of [insert address] OR incorporated in England and Wales with company...

Precedents

This Deed is made on [insert date] PARTIES 1 [insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales with company...

Precedents

This Deed is made on [insert date] PARTIES 1 [insert name of owner of Dominant Land][ of [insert address] OR incorporated in England and Wales with company registration...

Precedents

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...

Practice Note

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,...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

The use and occupation of land often depends on the land in question having the benefit of easements — for example, a right of way or a right of drainage. These rights...

Practice Note

Section 62 of the Law of Property Act 1925 (LPA 1925) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a permission...

Practice Note

Nature of an easement An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person...

Practice Note

This Practice Note looks at where the responsibility lies for repairing and maintaining land which is subject to easements and at who is responsible for the cost of its...

Practice Note

Does a right to light exist? An owner of land has no natural right to light at common law. Accordingly, it must be established that the right has been obtained by grant...

Practice Note

1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of the Grantee's Land, to: 1.1 erect...

Precedents

Administrative area [insert details] Title number[s] [insert title number out of which rights are granted] Title number[s] [insert title number for the benefit of which...

Precedents

There are three different ways by which an easement can be implied at common law: • necessity • intended use • the rule in Wheeldon v Burrows The implied grant of an...

Practice Note

Date [insert date of licence in its full format DD-Month-Year] Parties 1 [insert full name of Licensor] [of [insert address] OR incorporated in England and Wales with...

Precedents

1 If at any time the [Grantor OR Servient Owner] wishes to relocate, vary or alter the route of the [Road OR Service Media] for any reason then after the expiry of [two]...

Precedents

The new Code This Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement imposed by court...

Practice Note

The new Code This Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For information in...

Practice Note

Introduction Section 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining land in connection...

Practice Note