Easements, rights and covenants

Easements, rights and covenants guidance:

Introduction Section 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining land in connection...

Practice Note

The rules relating to perpetuities and accumulations stem from the provisions in the Perpetuities and Accumulations Act 1964 (PAA 1964) and from common law. These...

Practice Note

A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to it but no-one else....

Practice Note

What is a profit à prendre? A profit à prendre is the right to take the products of natural growth from the land of another. Examples of profits are: • parts of the land...

Practice Note

Many undeveloped areas are potentially subject to profits à prendre which can bind a buyer whether or not they are exercised continuously. It can be difficult to discover...

Practice Note

The Land Registration Act 2002 (LRA 2002) radically reformed the land registration system in England and Wales. Its principal aim was to ensure that it is possible to...

Practice Note

The primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead...

Practice Note

A rentcharge is the payment of a sum of money charged on land. They can affect both freehold and leasehold estates. Typically, the owner of the rentcharge (the 'rent...

Practice Note

Registrable restrictive covenants Restrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless: • entered into before 1926, or • made...

Practice Note

The National Trust’s powers to enforce restrictive covenants In addition to the National Trust’s power to enforce restrictive agreements and covenants benefiting its land...

Practice Note

Covenants restricting the use of land imposed by a seller may be divided into three classes: • covenants imposed for the seller’s own benefit • covenants imposed as owner...

Practice Note

The use and value of property can be undermined where rights of fire escape are inadequate or vulnerable to change. Consider: • can the right be terminated? If so, is...

Practice Note

Is there an interference with the right to light? Where a right of light has been established (see Practice Note: Establishing and maintaining rights of light) but there...

Practice Note

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of applying for a temporary...

Practice Note

Extent of ownership Non-tidal rivers and streams Where properties are separated by a natural non-tidal river or a stream, it is presumed that the boundary follows the...

Practice Note

1 Definitions Plan means the plan annexed to this Transfer; Retained Land means the Transferor’s land shown edged [as appropriate] on the Plan. 2 Restrictive covenants...

Precedents

Registration authorities Applications for registration of a town and village green (TVG) are made to the registration authority for the area of land which is the subject...

Practice Note

Registration authorities Applications for registration of a town and village green (TVG) are made to the registration authority for the area of land which is the subject...

Practice Note

This Practice Note deals with amendments to the register of town and village greens (TVGs) by way of correction, rectification and deregistration in England and Wales, in...

Practice Note

Registration of land as a town or village green (TVG) can prevent its development and greatly restrict its use. Applications, even if ultimately unsuccessful, can delay...

Practice Note

The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use or enjoyment of a...

Practice Note