Easements, rights and covenants

Easements, rights and covenants guidance:

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 drainage. These rights...

Practice Note

Section 62 of the Law of Property Act 1925 (LPA 1925) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a permission...

Practice Note

Nature of an easement An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person...

Practice Note

This Practice Note looks at where the responsibility lies for repairing and maintaining land which is subject to easements and at who is responsible for the cost of its...

Practice Note

For freehold and long leasehold land it is possible to apply to the court for a declaration stating whether the land is affected by any restriction and, if so its: •...

Practice Note

Building schemes arise where land has been developed by being laid out in plots and then offered for sale and sold to different buyers, each buyer entering into...

Practice Note

Practical application Positive covenants Enlargement of a long lease into a freehold can be used to preserve positive covenants as, following enlargement, the freehold is...

Practice Note

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 obtained by grant...

Practice Note

When selling a freehold property, sellers may wish to create positive covenants for future owners to perform. Problems may arise with the enforcement of positive...

Practice Note

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 the Grantee's Land, to: 1.1 erect...

Precedents

Administrative area [insert details] Title number[s] [insert title number out of which rights are granted] Title number[s] [insert title number for the benefit of which...

Precedents

There are three different ways by which an easement can be implied at common law: • necessity • intended use • the rule in Wheeldon v Burrows The implied grant of an...

Practice Note

In a restrictive covenant, ‘annoyance’ can occur even where there is no legally actionable nuisance. Covenants in freehold transfers and leases frequently impose a...

Practice Note

Restrictive covenants are frequently imposed when land is divided so that future development requires the consent of: • the original seller, or • the original seller and...

Practice Note

Date [insert date of licence in its full format DD-Month-Year] Parties 1 [insert full name of Licensor] [of [insert address] OR incorporated in England and Wales with...

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 reason then after the expiry of [two]...

Precedents

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 inclosed pursuant to an...

Practice Note

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 and minerals are...

Practice Note

Who owns the mines and minerals? The common law presumption is that a landowner owns everything below the surface down to the centre of the earth. Unworked mines and...

Practice Note

Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can apply to the...

Practice Note

Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can...

Practice Note

Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of the land...

Practice Note

No presumption of success if planning permission obtained The fact that planning permission has been granted for a development which would breach a restrictive covenant...

Practice Note

Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of...

Practice Note

The new Code This Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement imposed by court...

Practice Note

The new Code This Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For information in...

Practice Note