Easements

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Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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9th Nov
Practice notes
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
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
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Practice notes
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
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
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
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Easements content

Practice notes
The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...
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19th Jan
Practice notes
The new CodeThis Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For...
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19th Jan
Practice notes
The rules relating to perpetuities and accumulations stem from the common law and the provisions in the Perpetuities and Accumulations Act 1964 (PAA...
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15th Jan
Practice notes
IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
Presumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a species of common law...
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15th Jan
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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15th Jan
Practice notes
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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15th Jan
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
Registration authoritiesApplications for registration of a town and village green (TVG) are made to the registration authority for the area of land...
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Produced in partnership with Stephen Morgan of Landmark Chambers 15th Jan
Practice notes
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
This Practice Note looks at where the responsibility lies for repairing and maintaining land which is subject to easements and at who is responsible...
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15th Jan
Practice notes
Securing necessary easementsWhere third party land intervenes between a new development and the public highway, most developers are aware that they...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
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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15th Jan
Practice notes
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...
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15th Jan

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