Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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...
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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...
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...
We are not aware of a statutory scheme which would protect a landowner from the exception of mines and minerals in a conveyance provided the exception...
‘Minerals’ is expressly defined for the purposes of certain statutes.In the Mines (Working Facilities and Support) Act 1966 (M(WFS)A 1966), ‘minerals’...
As to what mines and minerals are, see: Mines and minerals—overview.Mines and minerals in their original position are part and parcel of the land. The...
Who owns the minerals?The common law presumption is that a landowner owns everything below the surface down to the centre of the earth. Unworked mines...
In medieval times, the lord of the manor would allow local inhabitants to occupy and work open land within the manor in return for payment (in cash or...
Case studyWhere part of a property is being transferred and requires an easement over adjoining land for the installation of a water pipeline and the...