Easements, rights and covenants

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Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
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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9th Nov
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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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
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
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
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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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
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
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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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
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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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, rights and covenants content

Q&As
While a contractual promise usually binds only the original parties, when a vendor imposes restrictions upon the use to which a vendor might put the...
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29th Nov
Q&As
Although the landlord does not own the adjoining land over which the rights are exercised (we are assuming that the landlord owns the dominant...
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29th Nov
Practice notes
Restrictive covenants are frequently imposed when land is divided so that future development requires the consent of:•the original seller, or•the...
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29th Nov
Practice notes
Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance...
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29th Nov
Practice notes
The need for parking is commonplace and consequently land for parking can attract significant value either by way of:•sale•lease or licence, and•(most...
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29th Nov
Precedents
From: [insert name and address of user of the route]To: [insert name and address of registered proprietor/owner of the route][I OR We], [insert name...
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29th Nov
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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29th Nov
Precedents
1It is agreed and declared that nothing contained in this deed constitutes a building scheme or...
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29th Nov
Q&As
We have been unable to find anything on the specific point raised in this Q&A. However, see the below which...
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29th Sep
Precedents
1 Definitions Plan means the plan annexed to this Transfer; Retained Land means the Transferor’s land shown...
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26th Sep
Precedents
1 If at any time the [Grantor OR Servient Owner] wishes to relocate, vary or alter the route of the [Road OR Service Media] for any...
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26th Sep
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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26th Sep

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