Easement meaning

ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU(W)A 2018 (as amended) at the end of the post‑Brexit transition period (IP completion day). For background on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a broad, complex legal term defined by the EU(W)A 2018. It covers anything that continues to form part of domestic law on or...

Funder’s primary objective When a buyer takes property subject to overage and seeks finance secured on that asset, a funder will require assurance that the overage provisions do not obstruct or curtail enforcement of its security. The lender must be confident its charge constitutes sound security over the property. Property and associated rights Assess the character of the site to be charged. Where it forms part of a broader development, consider whether, on a power of sale being exercised, the property will depend on rights over adjoining land held (or to be acquired) by the buyer, such as: rights of way rights concerning service media rights of support If such rights are necessary, agree a form of deed of easement to be annexed to the charge, and allow the funder to require grant of that easement when needed. Also examine whether the seller’s chosen mechanism for securing the overage is acceptable to a funder...

This Checklist This Checklist outlines which provisions in a lease and other relevant associated documentation should be carefully examined to ascertain whether a right of light subsists. A right of light is an easement granting a landowner the entitlement to receive natural light through an opening in a building on its land. The owner of the land encumbered by that right (the 'servient Building') must not impede or disturb it without first obtaining consent. For any proposed development, it is therefore essential to identify neighbouring properties that could be enjoying a right of light (the 'dominant Building'). For further information on rights of light, see the following Practice Notes: Establishing and maintaining rights of light Rights of light—obstruction notices Rights of light claims Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, meaning that those with less than a freehold interest can acquire a right of light in their own...

Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) The central question was whether the defendant enjoyed a parking easement giving her the liberty to leave a vehicle in Church Court, Stamford. The County Court judge found that she had acquired such a parking right by prescription, and the claimant challenged that conclusion on appeal. What are the practical implications of this case? The ruling restates key principles on prescriptive easements that advisers should note: Where there are two plausible lawful bases for the use, and the pattern of enjoyment fits either explanation equally, use as of right is not made out A prior grant of a right of way across the car park did not prevent the car park owner from being capable of granting a (hypothetical) right to park, which would operate subject to the earlier right of way; however, the prior grant could not be disturbed Parking may still be ‘as of right’ even if it is exercised subject to the...

Original news Watt v Dignan and others [2017] EWCA Civ 1390 The central question was whether the Dignans held enforceable easements to use the toilet facilities within unit 27 on an industrial estate. Unit 27 belonged to Mr Watt. It was accepted that these rights had been granted to the Dignans’ predecessors in title, as owners of units 26A and 29, by two conveyances dated 27 September 1985 and 16 April 1987. The further issue was whether they were now prevented by estoppel from asserting those rights. The Recorder at first instance found that they were not, and Mr Watt appealed to the Court of Appeal. What are the practical implications of this case? Although the decision is fact specific, it offers helpful reminders for Property Disputes practitioners about the lines of argument advanced, the fall-out where a case different from that pleaded is pursued, and the consequences where, in any event, the evidence is too thin to sustain that position. What were the facts of...

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Context The compulsory purchase regime is founded on the premise that a proprietor of land, or of rights, that are compulsorily taken or disturbed is entitled to be compensated. Consequently, working out the compensation is a central part of the compulsory purchase process; see: Promoting a compulsory purchase order, covering preparation of the order, its supporting documents and the making of the order. This Practice Note sets out the core principles for assessing compensation arising from the compulsory acquisition of an interest in land. Compulsory acquisition must rest on specific statutory authority, whether for taking the land itself or rights in or over it. The Royal Prerogative is reserved to the Crown, and even the Crown typically prefers to expropriate or requisition land under statutory powers. Most acquisitions proceed under Public General Acts, for example the Highways Act 1980 (HiA 1980). The making and confirmation of a compulsory purchase order (CPO) is usually regulated by the Acquisition of Land Act 1981 (ALA 1981). See Practice Note: Sources and limits...

Wayleave and the Electronic Communications Code Over the past ten years, the telecommunications sector has expanded at a remarkable rate, driven by the pressure to deliver reliable, far-reaching communications networks. Operators such as BT, Vodafone and Sky cannot roll out these networks without access to install equipment on privately owned sites. They also need the freedom to modernise apparatus to match rapid technological progress, and to share kit so they can satisfy rising demand and preserve consumer choice. While enabling operators to work efficiently is essential, site providers will equally want robust safeguards for their own interests. This Practice Note highlights provisions that can be built into a telecommunications wayleave to strengthen the site provider’s position... A telecommunications wayleave agreement A wayleave is a consent or licence through which a person with an interest in land permits another party to exercise a right over that land. It is distinct from an easement or a lease. A wayleave does not create an interest in the land, does not...

This Practice Note provides links to Q&As covering many of the most common property enquiries. The answers are not updated and therefore reflect the law as at the date they were issued. For the latest guidance and additional detail, follow the links in each answer. Building Safety Act 2022 For practical guidance on the Building Safety Act 2022, see: Building Safety Act 2022 property and property disputes collection. Under the Building Safety Act 2022 (BSA 2022), leases completed before 14 February 2022 are qualifying leases (subject to all other criteria), so a leaseholder/landlord certificate is required. For relevant buildings constructed or converted after 1 October 2023, the new Building Regulations apply; a final BR certificate would evidence compliance with the BSA 2022. What documents should a buyer expect in relation to the BSA 2022 where a developer acquired a building after 14 February 2022 and converted it to residential use before 1 October 2023? How do the conditions for a ‘qualifying lease’...

DATE [ date ] PARTIES [ name of owner of Dominant Land ], of OR incorporated in England and Wales (company registration number [ number ]) with registered office at OR [ address ] (Releasor) [ name of owner of Servient Land ], of OR incorporated in England and Wales (company registration number [ number ]) with registered office at OR [ address ] (Grantor) [ name of Mortgagee ], of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at [ address ] (Mortgagee) ...

Date [ date ] Parties [ name of Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Owner) [ name of Developer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Developer) 1 Definitions Adjudication Date – the day on which any adjudicator appointed under HGCRA 1996 to determine a dispute regarding an amount due to: (a) the Developer under this Agreement; or (b) the Building Contractor under the Building Contract; delivers their decision; [ Adverse Rights – any easement, covenant, right or other interest affecting the Property, the release, discharge or variation of which is reasonably required to assist the Works or the use and occupation of the Development; ] [ Adverse Rights Agreement – any document that gives legal effect to the release,...

Date [ date ] Parties [ name of (first) Owner ] [ and [ name of second Owner ] ] [ [ both ] of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( [ together ] Owner ) [ name of Promoter ] [ of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( Promoter ) 1 Definitions In this Agreement, the following expressions shall have these meanings: [ Adverse Rights • any easement, covenant, right or other interest in or over the Property, the release, discharge or alteration of which is reasonably required in order to: (a) achieve the Objective; or (b) facilitate the Development; ] [ Adverse Rights Agreement • any instrument giving legal effect to the release, discharge or alteration of an Adverse Right; ] ...

Electricity Act 1989 Section 10(1) of the Electricity Act 1989 (EA 1989) sets out two routes for electricity supply companies (being licence holders under the EA 1989) to secure rights over land. One route is compulsory purchase of the requisite land or interests under EA 1989, Sch 3. The alternative is obtaining a ‘necessary wayleave’, in accordance with EA 1989, Sch 4. For additional guidance, see Practice Note: Statutory wayleaves and rights of access. Compulsory acquisition Schedule 3 draws in, subject to important modifications, provisions contained in Part I of the Compulsory Purchase Act 1965...

An easement is a right enjoyed by one piece of land (the dominant tenement) over adjacent land (the servient tenement). There are numerous varieties of easement; rights of way are the best known, yet they cover rights to take water, and rights relating to storage, parking, access and the like. Easements are attached to the land and are registrable, which means they will bind later owners of the servient land and will continue to benefit the dominant land even following a change in ownership, making them proprietary rights, as opposed to a licence personal to a landowner from time to time...

This Q&A considers a landlord’s ability to deal with their premises following service of a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Once a section 13 notice is served, a statutory process begins that enables flat tenants to act together to buy the freehold of their building. The rights created by that notice ought to be safeguarded by entering an agreed or unilateral notice on the freehold title, or, where the landlord’s title is unregistered, by registering a class C(iv) land charge...