Covenants & Easements - The Latest Guidance
Covenants are often discussed together with easements but as we will see they are quite different legal entities which may be subject to wholesale changes recommended by the Law Commission Report (‘Making Land Work’).
This area of conveyancing is expanding as case law catches up with changes in modern society so it is timely to review the established law and illustrative cases and to examine in detail the new proposals. All of this will affect your day to day practice and procedure.
What You Will Learn
This course will cover the following:
- 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?
- How a developer client may choose to make covenants binding
- s.78 and 79 Law of Property Act 1925
- Rentcharges and their remedies - Roberts v Lawton
- Building Schemes - Khoury v Kensell
- Can a covenant ever be interpreted by the court as an easement? - Churston Golf Club v Haddock
- Covenants against alienation
- The benefit and burden of covenants - what is required for a covenant to be enforceable?
- ‘Quiet Enjoyment’ v ‘Reservation of Landlord’s Rights to develop’
- Annoyance and nuisance - what have the established cases said this really means and what you should look out for?
- 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 on ‘substantial benefit’ of the covenant
- Competition law - The Heathrow Airport 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
- Law Commission proposals - a new legal interest in land
- Conservation covenants
- 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? Parker v Roberts and Gore v Naheed
- Will a right of way be implied in favour of a seller on a transfer of part of its title? sS.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
- 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’
- 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
- 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 - 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
- A detailed look at a fairly complex Local Authority Deed of Easement
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme