Covenants & Easements - A 6 Part Box Set for Conveyancers

Introduction

A covenant is basically a contract whilst an easement can be a legal interest in land.

Despite this essential difference the two topics are often discussed together. Both are based on ancient law and statute which modern courts struggle to interpret in the context of a very changed society - this was addressed by the Law Commission as long ago as 2011 when recommending wholesale reform, which we still await.

This 6-part boxset will review the report together with established law and illustrative cases and examine in detail how this area of conveyancing works in practice.

What You Will Learn

This webinar series will cover the following:

Module 1 - Covenants - The Basic Elements

• What is the difference between positive and restrictive covenants? - which will run with the land, who will they bind and what are the methods available to ensure that they do
• S.78 and 79 Law of Property Act 1925
• Rent charges and their remedies
• Building Schemes

Module 2 - Covenants - Interpretation and Alienation

• Can a covenant ever be interpreted by the court as an easement?
• Covenants against alienation
• The benefit and burden of covenants - what is required for a covenant to be enforceable?
• Quiet enjoyment v reservation of the landlord’s rights to develop
• Annoyance and nuisance - what have the established cases said this really means and what you should look out for

Module 3 - Covenants - Modification and Discharge

• Modification and discharge of a covenant - the Property Chamber and s.84 Law of Property Act 1925
• A look at application form T379 and the process involved. An examination of illustrative cases including the appeal decision on ‘substantial benefit’ of the covenant
• Competition Law - the Heathrow Airport Competition and Markets Authority record fine
• Who is the ‘vendor’ or ‘covenantee’ and what happens when one dies - does the covenant die as well?
• Extent of damages for breach of a covenant
• What is the extent of the UK Finance/CML retainer and can you insure? A look at indemnity policies

Module 4 - Easements - The Basic Elements

• A reminder of established law and practice on easements, how may they be created, implied and express rights
• Can a right of way granted to one plot of land be used to access a second plot?
• Prescription
• Will a right of way be implied in favour of a seller on a transfer of part of its title? S.62 Law of Property Act 1925 and the rule in Wheeldon v Burrows
• Is a developer entitled to a right of way based on the expectations of his predecessor in title?
• Loss and abandonment of an easement, their extent and interpretation

Module 5 - Easements - Land Registry Practice and Interpretation

• Easements and the Land Registry - a look at Practice Guide 62 - how and when you must register and what is the result if you get it wrong - the ‘Registration Gap’
• Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd on the grant of rights to use various sports and recreational facilities in a leisure complex
• Will the courts support only a literal reading of the rights granted or take a sensible interpretation? Dickinson v Cassillas

Module 6 - Rights to Light and Law Commission Proposals

• Rights to light - how they may arise and be enforced including light obstruction notices, Law Commission proposals and what the courts say on damages as opposed to injunctions
• A look at planning issues - the public interest and private rights
• Can a right to park can ever be a legal easement?
• Law Commission proposals - on prescriptive rights, abandonment and release
• UK Finance conditions/CML and Standard Conditions of Sale 5th Edition - what to look out for

This webinar was recorded on 26th January 2021