1
Type
Speaker
CPD Hours Level
Seminar 6 UpdateInformation
Accreditation Information
SRA Competency B

Introduction

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:

Covenants

  • 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

Easements

  • 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
  • Prescription
  • 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
  • Workshop

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Seminar | 10.12.2019

Leeds | 9:30am - 5:15pm


Covenants & Easements - The Latest Guidance

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Dec
10
2019
Leeds
9:30am - 5:15pm
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Seminar | 21.01.2020

London | 9:30am - 5:15pm


Covenants & Easements - The Latest Guidance

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Jan
21
2020
London
9:30am - 5:15pm
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Seminar | 28.01.2020

Birmingham | 9:30am - 5:15pm


Covenants & Easements - The Latest Guidance

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Jan
28
2020
Birmingham
9:30am - 5:15pm
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Seminar | 18.02.2020

Manchester | 9:30am - 5:15pm


Covenants & Easements - The Latest Guidance

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Feb
18
2020
Manchester
9:30am - 5:15pm
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Seminar | 30.06.2020

Bristol | 9:30am - 5:15pm


Covenants & Easements - The Latest Guidance

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Jun
30
2020
Bristol
9:30am - 5:15pm
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Plan Information
£216
Season
Ticket Information
£240
Standard
£480
Group bookings
Discounts are available for multiple places and if you have 5 or more people interested in this course and would like to discuss holding it in your area or on an in-house basis then please email us at information@mblseminars.com
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