Easements, rights and covenants

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Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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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
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
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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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
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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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
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Easements, rights and covenants content

Practice notes
What is common land?The term ‘common land’ usually includes all land which is subject to rights of common, ie the rights which one or more ‘commoners’...
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30th Mar
Q&As
Section 62 of the Law of Property Act 1925 (LPA 1925) provides that every 'conveyance' of land is deemed to include and operates to convey, with the...
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23rd Mar
Q&As
A 'bridleway' is a way over which the public have the following, but no other, rights of way: a right of way on foot and a right of way on horseback...
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17th Mar
Q&As
We assume that both the dominant and servient land were registered at the time the easement was granted.For an easement to have protection, it must be...
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17th Mar
Q&As
A distribution network operator (DNO) can exercise its powers to obtain a necessary wayleave regardless of the number of connecting parties; however,...
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Produced in partnership with Matthew Collinson of Igloo Energy 16th Mar
Practice notes
In 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...
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12th Mar
Practice notes
There are different ways in which an easement may cease to exist and this Practice Note looks primarily at unity of seisin, also known as unity of...
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12th Mar
Practice notes
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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10th Mar
Practice notes
The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...
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10th Mar
Practice notes
See Practice Note: Modification and release of restrictive covenants—the non-statutory route in relation to the non-statutory route.Application to the...
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4th Mar
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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25th Feb
Practice notes
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...
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25th Feb
Precedents
This Deed of made on [insert date]Parties1[insert name of the owner of the Servient Land] [of [insert address] OR incorporated in England and Wales...
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24th Feb
Precedents
This Deed is made on [insert date]Parties1[insert name of the owner of the Servient Land] [of [insert address] OR incorporated in England and Wales...
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24th Feb

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