Easements, rights and covenants

View Property by content type:

Latest Property News

Featured Property content

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...
Read More >
9th Nov
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
Read More >
9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Read More >
9th Nov
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
Read More >
9th Nov
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
Read More >
9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
Read More >
9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
Read More >
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...
Read More >
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...
Read More >
9th Nov

Most recent Easements, rights and covenants content

Q&As
In Lemmon v Webb, the House of Lords held that there could be no prescriptive easement entitling a dominant owner to overhang the servient tenement...
Read More >
22nd Jan
Q&As
It is unclear from the question whether what is being prescribed for:•is a right of way for fire escape purposes only over an access route, or•whether...
Read More >
Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
Easements generallyOne of the four essential characteristics of an easement is that there must be a dominant and a servient tenement.There must be a...
Read More >
22nd Jan
Q&As
Options for grantIn general, an order for the grant of a new tenancy pursuant to the Landlord and Tenant Act 1954 (LTA 1954) will be an order for the...
Read More >
22nd Jan
Q&As
No easement can exist without both an identifiable servient and dominant tenement and those two estates being in separate ownership. See Practice...
Read More >
Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 22nd Jan
Q&As
Where a freeholder seeks to demise their land, or part of their land, and that land is benefited by rights over third party land, it will be highly...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
A bare licence is the simplest type of licence. It is the giving of personal permission by the landowner for the licensee to enter and remain on the...
Read More >
22nd Jan
Q&As
Covenants relating to propertyA covenant is an agreement between parties that one or some of them is bound to do or not to do a specified thing. For...
Read More >
Produced in partnership with Alex Campbell of Arden Chambers 22nd Jan
Q&As
In the case of an express grant of a right of way the extent of the right granted depends on the express terms of the grant. The words used in a grant...
Read More >
Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
This Q&A considers the general approach to covenants requiring use as a private house, as the interpretation will clearly depend on the exact wording...
Read More >
22nd Jan
Q&As
The Land Registration Act 2002 (LRA 2002) made major changes to the ways in which easements over registered land are created and protected. If an...
Read More >
22nd Jan

Popular documents