Easements, rights and covenants

Gain expert guidance on navigating intricate property issues involving easements, rights, and covenants. Enhance your practice with a deep understanding of these critical elements, and uncover effective strategies for dispute resolution, term negotiation, and legal compliance. Stay informed and proficient in managing complex property scenarios with precision and confidence.

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Commons, town and village greens Easements Mines and minerals Positive covenants Profits a prendre Restrictive covenants

Latest Property News

RICS publishes first global standard on AI use in surveying

RICS publishes first global standard on AI use in surveying
Floods Resilience Taskforce convenes fourth meeting

Floods Resilience Taskforce convenes fourth meeting
Court quashes permission where section 106 agreement not published pre-decision (Chidswell Action Group v Kirklees Council)

Court quashes permission where section 106 agreement not published pre-decision (Chidswell Action Group v Kirklees Council)

The following Planning news provides comprehensive and up to date legal information on Court quashes permission where section 106 agreement not published pre-decision (Chidswell Action Group v Kirklees Council)

HMLR updates Practice Guides 24 and 67

HMLR updates Practice Guides 24 and 67

Featured Property content

Severance of a joint tenancy

Severance of a joint tenancy

Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...

What is a certificate of title?

What is a certificate of title?

What is a certificate of title?A certificate of title (also known as a certificate on title) is a particular species of report on title.When...

Indemnity covenants in property transfers

Indemnity covenants in property transfers

Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...

Resulting trusts

Resulting trusts

Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are...

Practice notes

Reversionary leases

Reversionary leasesReversionary leases (or future leases) are granted to take effect in possession at a future date. This Practice Note looks at:•when...
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2nd Jun
Practice notes

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
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30th May
Practice notes

Carrying out bankruptcy searches at the Land Charges Department

Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
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30th May
Practice notes

Easements—LPA 1925, s 62 and permissions

Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
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30th May
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Practice notes

Land registration—overriding interests, occupiers and interests which have lost overriding status

Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
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30th May
Practice notes

Lease surrenders

Lease surrendersWhat is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant to bring the lease to an end...
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2nd Jun
Q&As

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the...
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30th May
Practice notes

Profits à prendre

Profits à prendreIntroduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land....
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30th May
Practice notes

Implied easements—common law

Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
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30th May
Practice notes

Overreaching—sales by trustees of land

Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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2nd Jun
Practice notes

Pre-completion searches

Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
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2nd Jun
Practice notes

Cautions against first registration

Cautions against first registrationA caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of...
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2nd Jun
Practice notes

Land charges under the Land Charges Act 1972—registration and purpose

Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
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30th May
Practice notes

Sub-sales and assignments

Sub-sales and assignmentsA sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell...
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30th May
Precedents

Deed of easement—right to lay and maintain a drain

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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2nd Jun
News

Revocable rights over common parts had to be made irrevocable on enfranchisement (4-6 Trinity Church Square v The Corporation of Trinity House)

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2nd Jun

Popular documents

Are easements extinguished by unity of seisin where the servient tenement and part only of the dominant

Are easements extinguished by unity of seisin where the servient tenement and part only of the dominant tenement are in common ownership? Will the remainder of the dominant tenement continue to enjoy the easements over the servient tenement?Unity of seisin (in modern terms, unity of ownership) is

Easements lost by abandonment

Easements lost by abandonmentIn 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 again on their own behalf, or•attempt to pass the right to anyone else Abandonment where the original

Easements—obligations to repair and maintain

Easements—obligations to repair and maintainThis Practice Note looks at where the responsibility lies for repairing and maintaining land which is subject to easements and who is responsible for the cost of its upkeep particularly where there is no express agreement allocating responsibility for

Checklist for the creation and registration of easements

Checklist for the creation and registration of easementsThis Checklist looks at how easements are created and how they must or may be registered at HM Land Registry. It includes the following key sections:•Is there an easement?•Is it capable of being a legal easement?•Has the easement been created