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Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title.Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient land and so giving the dominant owner the right to receive something from the servient land (eg a right to light).Easements can be legal or equitable and they can be created by express or implied grant or by statute or arise by prescription or long user. See: Checklist for the creation and registration of easements.Easements are different from:•natural rights arising by law from the ownership of land (eg a right to continuance of an accustomed flow of water in a natural channel bordering land)•profits à prendre which are the right to take something from the servient land•rights of common which...

Easements—LPA 1925, s 62 and permissions

Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a permission (eg to use an area for car parking) into an indefeasible right.Deemed inclusion of rightsSection 62 provides that every 'conveyance' of land is deemed to include and operates to convey, with the land:•all ways, waters, watercourses, liberties, privileges, easements, rights and advantages•appertaining or reputed to appertain to the land, or•at the time of the conveyance, demised, occupied or enjoyed with or reputed or known as part and parcel or appurtenant to the land or any part of itA conveyance of land with buildings on it includes:•all ways, passages, lights, watercourses, liberties, privileges, easements, rights and advantages whatsoever•appertaining or reputed to appertain to the land or buildings, or any part of it or them, or•at the time of conveyance, demised, occupied or enjoyed with or reputed or known as part or parcel of or appurtenant to the land...

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Transfer of part of a registered lease

Transfer of part of a registered lease Precedent transfer This precedent gives suggested wording for Form TP1 in the rare circumstances of a leasehold assignment of part. Assignments of part are unpopular with landlords because the consequent fragmentation of the tenant covenants inevitably makes it harder and costlier for the landlord to collect rent, enforce the covenants and otherwise manage the property. See Practice Note: Assignment of part of the demised premises. Form TP1 must be used where the assignment is of part of a registered lease, or of part of an unregistered lease that has more than seven years left to run. An adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link: Apportionments On an assignment of part, the tenant and assignee should agree to apportion: • the rent payable under the lease; • any other amounts payable under the lease (insurance, service charge etc); and • the responsibility for any other covenants that are non-attributable to the various parts...

Drafting note for claim form in right of light proceedings

Drafting note for claim form in right of light proceedings Introduction A claim about rights of light will often be commenced under CPR 7 by using Claim form (N1), although in some cases the CPR Part 8 procedure may be appropriate (see Practice Note: CPR Part 8 claims (alternative procedure for claims)). These drafting notes are for use with Form N1 only. For general guidance, see Practice Note: Claim form—the contents. Relevant Precedents For other relevant Precedents, see: Particulars of claim for right of light claim Order for Interim Injunction in right of light proceedings Court details Insert the name of the court where the proceedings are to be issued. The claim can be issued either in the County Court or in the High Court if the value of the claim permits. See Practice Note: Where to start a civil claim. If issuing in the County Court, you can issue the claim in any County Court hearing centre, however, be aware that if the...

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Do you have any procedural guidance and/or template claim forms/particulars in connection with a claim for a declaration that an easement exists?

Do you have any procedural guidance and/or template claim forms/particulars in connection with a claim for a declaration that an easement exists? The Land Registration Act 2002 (LRA 2002) made major changes to the ways in which easements over registered land are created and protected. If an easement over registered land created since 13 October 2003 (when LRA 2002 came into force) is not protected by entry of a notice then, generally, a buyer of the servient land will not be bound by it. See overview: Easements—overview for further detail. Under LRA 2002, a legal easement can be created only by using prescribed HM Land Registry forms. It is essential to remember that where the easement is created as: • part of a transfer of land, you must use a prescribed HM Land Registry form (usually TP1) • a separate transaction then a deed of grant may be used, but in each case the easement will be ‘perfected’ as a legal easement only if you use the correct application form—AP1....

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Private Client weekly highlights—1 May 2025

This week’s edition of Private Client highlights includes: (1) Hubbard v Hubbard, where the lack of credible evidence resulted in the disallowance of a claim for trustee expenses; (2) NHS South East London ICB v JP & the Royal Hospital for Neuro-Disability, which considered issues of dignity, delay, and declarations on best interests; (3) R (YVR) v Birmingham City Council, a decision involving adult social care charging policies, the public sector equality duty, and severely disabled adults; (4) HMRC publishes Tax update spring 2025; (5) CIOT’s response to the consultation on reforms to agricultural property relief and business property relief concerning their application in relation to trusts; (6) Patel v Patel, where the High Court resolved a dispute between two executors over the funeral arrangements for their father, and (7) the Courts and Tribunals Judiciary publishes updated AI guidance and introduces Copilot Chat for judges.