Easements

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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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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
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
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
Precedents
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
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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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
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
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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9th Nov
Practice notes
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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9th Nov
Practice notes
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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9th Nov
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov
Practice notes
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
Practice notes
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...
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9th Nov

Most recent Easements content

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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16th May
Practice notes
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 rightsFORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021)...
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15th May
Practice notes
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—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 rightsIntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and...
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15th May
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 14th May
Precedents
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
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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26th Apr
Q&As
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
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr

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