A person who has granted a right or benefit to another over land may not act in a way which substantially deprives the other of that benefit. This includes the landlord being prevented from substantially interfering with any specific use in respect of which the land has been let. This prohibition is known as the rule against derogation from grant. The obligation is implied and its extent will be fact-specific; the court must determine what obligations can fairly be regarded as necessarily implicit, having regard to the particular purpose of the transaction in light of the circumstances subsisting at the time: Johnston v Holland [1988] 1 EGLR 264. The general principles

It is assumed that the landlord owns land not subject to the lease, which is intended to form the dominant tenement benefitting from the easement. As stated in Practice Note: Easements—nature and characteristics, an easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of

Where a leaseholder is in breach of the terms of the lease, the landlord may have the right to forfeit that lease, subject to the jurisdiction of the court to grant relief from forfeiture. The right to forfeit must be based on an express term in the lease allowing the landlord to re-enter in the event of a breach, and is tempered by section 146 of the Law of Property Act 1925, which provides that, save in respect of arrears of rent, the landlord must serve notice on the tenant specifying the breach, requiring it to be remedied (if the breach is remediable) and requiring the payment of compensation. A reasonable period must be given to remedy the breach, after which, if the breach has

This Q&A assumes that the new lease was granted to the same tenant. The answer to this question will depend on the interpretation of the surrender and new lease, taking into account (in the usual way) the background circumstances known to the parties at the time. The starting point is that the landlord is entitled to take action for breach of covenant after the end of a lease, subject to any defences, such as limitation (and including equitable defences where the landlord seeks an injunction). See Practice Note: Landlord’s

We are not aware of any guidance dealing specifically with this point, but it seems unlikely that a full planning application could be legally exempt from the biodiversity net gain (BNG) requirement if only parts of the application meet separate exemption criteria but the application as a whole does not. While the Environment Act 2021 does not specifically mention the entirety

The enterprise management incentives (EMI) regime is prescriptive and sets out numerous requirements that must be met at the time the options are granted, including in relation to the company granting the options. For further details on the EMI eligibility requirements relating to the company

Further education corporations Further education corporations are corporate entities incorporated pursuant to either section 15 or section 16 of the Further and Higher Education Act 1992 (FHEA 1992). Every further education corporation must have: • an instrument providing for the constitution of the corporation (the 'instrument of government'), and • an instrument in accordance with which the corporation, and the institution, are to be conducted (the 'articles of government') For more information see commentary: Requirement for instruments of government and articles of government: Halsbury's Laws of England. Powers of a further education corporation Pursuant to FHEA 1992, s 19 a further education corporation may acquire and dispose of land and other property, borrow money through the grant of any mortgage, charge or other security in respect of any land or other property of the corporation. The further education corporation may only exercise this power if the corporation thinks such activity is

Easements generally One of the four essential characteristics of an easement is that there must be a dominant and a servient tenement. There must be a legal estate for the benefit of which the easement is exercised (dominant tenement) and land over which it is exercised (servient tenement). The easement must be appurtenant to a dominant tenement. It cannot exist without one ie ‘in gross’. For more information, see Practice Note: Easements—nature and characteristics. Statutory wayleaves and rights of access However, the water, gas, electricity,

Obstructing a public highway without lawful authority carries a criminal liability pursuant to section 37 of the Highways Act 1980 (HiA 1980). There are also a number of further specific offences, depending upon the nature of the obstruction. Further information can be found in Practice Note: Local authority powers to manage highway obstructions—criminal offences. There are also a number of civil powers available to manage highways obstructions, see Practice Note: Local authority powers to manage highway obstructions—criminal offences. Even open gates and gateposts which do not physically obstruct the public highway can be deemed to be an obstruction. The case of Herrick v Kidner found that the erection of imposing gateposts either side of a public right of way presented a psychological

It is assumed that the description of a business's services was written by a natural person or persons A general description of a business’s services that appears on their website may be considered an original literary work eligible for copyright protection, provided the description fulfils the criteria for copyright to subsist and the author(s) meet the criteria for qualification for copyright protection in the UK. These criteria are set out in Practice Note: Copyright—subsistence and qualification but may be summarised as follows: For copyright to subsist the following criteria must be met: • the claimed subject matter must be a ‘work’ within the meaning of the Copyright, Designs and Patents Act (CDPA 1988) • it must be a work that falls within one of the

If the articles of association are silent regarding where the general meeting must be held, then it is in principle possible for a meeting to be held outside of the UK at the board’s discretion. However, as when exercising any of their other powers, directors should be mindful of their

The mental incapacity of a partner does not automatically have the immediate effect of dissolving a general partnership (Jones v Lloyd). However, a partner’s mental incapacity may be grounds for dissolution by the court either under the Partnership Act 1890 (PA 1890) or under the Mental Capacity Act 2005 (MCA 2005). In addition, many partnership agreements will include provisions entitling the other partners to serve notice on the partner requiring them to retire