Easements, rights and covenants

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Practice notes
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...
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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...
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9th Nov
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
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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
[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]...
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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
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
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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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
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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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
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
It depends on what the express grant of the easement states (assuming that this is a written express easement and not an implied easement). So long as...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 22nd Jan
Q&As
This question raises the issue of the rights adjoining owners owe one another where a fence separates their lands.The location of boundaries on the...
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Produced in partnership with Stephen Murch of 42 Bedford Row 22nd Jan
Q&As
By way of background, possessory title is granted where the land owner claims to have acquired the land by adverse possession or where he cannot...
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22nd Jan
Q&As
Land usually becomes a village green because it has been used for sports or pastimes ‘as of right’ for not less than 20 years.Where in relation to...
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Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
Assuming the easement is a legal easement, it can be registered by way of a caution against first registration (and if the dominant land is...
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22nd Jan
Q&As
Trespass to land is a tort which includes physically entering or remaining on land in the possession of another or placing an object on or projecting...
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Produced in partnership with Emma Preece of Charles Russell Speechlys 22nd Jan
Q&As
Section 1(2)(a) of the Law of Property Act 1925 provides:‘(2) The only interests or charges in or over land which are capable of subsisting or of...
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22nd Jan
Q&As
There are several ways by which an easement can be implied a conveyance or transfer by the common law or statute:•(1) necessity•(2) intended use•(3)...
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Produced in partnership with Desmond Kilcoyne 22nd Jan
Q&As
We refer you to the attached checklists from Mines, minerals and landfill: Encyclopaedia of Forms and Precedents, vol 26(3):•Checklist—general...
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22nd Jan

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