Easements

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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
Practice notes
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...
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19th May
Practice notes
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...
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19th May
Q&As
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:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
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...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
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...
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19th May
Practice notes
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...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents
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...
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19th May
Q&As
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,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Easements content

Practice notes
Rights of light—obstruction noticesThis Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule...
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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...
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7th Sep
Q&As
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...
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19th Aug
Practice notes
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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18th Aug
Practice notes
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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15th Aug
Q&As
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 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...
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Produced in partnership with Matthew Collinson of Igloo Energy 11th Aug
Precedents
Licence to use a route over landDate [date]Parties1[full name of Licensor] [of OR incorporated in England and Wales with company registration number...
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10th Aug
Precedents
Deed of easement—underground services date [date]Parties1[name of owner of Servient Land, ie the Grantor] [of OR incorporated in England and Wales...
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10th Aug
Precedents
Deed of release of easementThis Deed is made on [insert date]PARTIES1[insert name of owner of Dominant Land][ of [insert address] OR incorporated in...
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10th Aug
Precedents
Deed of easement—Right of waydate [date]Parties1[name of the owner of the Servient Land] [of OR incorporated in England and Wales with company...
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10th Aug
Precedents
Deed of easement—right to lay and maintain a drainThis Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [of...
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10th Aug
Precedents
Acknowledgement to prevent acquisition of right of way by prescriptionFrom: [insert name and address of user of the route]To: [insert name and address...
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10th Aug
Precedents
Deed of grant of easementsThis Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR...
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10th Aug

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