- Update/Intermediate * 6 hours CPD
This course takes a detailed look at the law and practice relating to easements and restrictive and positive covenants, and sets it in a highly practical and realistic context, to analyse the ways in which clients may seek to avoid becoming bound by unwanted encumbrances, may effectively draft to grant and secure new rights, and may make advantageous use of existing rights. At all times, relevant and up-to-date case law and statutory provisions will be considered.
In relation to easements, the course includes an analysis of a variety of practical and legal issues including:
- What type of rights can amount to binding easements (and what cannot)?
- What fundamental obstacles need to be overcome to establish the existence of an easement?
- The extent of land to be benefited by an easement. How do we identify it? Can it be enlarged? Can an enlargement be secured by drafting?
- The extent of the benefit afforded by an easement. Can use be varied or intensified? To what extent?
- How did an existing easement arise in the first place, and has it been abandoned or released?
- How an easement continues to bind and benefit land (including a comprehensive review of Land Registration Rules and practice)
In relation of covenants, further practical and legal analysis is given to issues arising out of:
- Exploring the enforceability of restrictive covenants: Are the covenants restrictive? Is land benefited? Is the benefit annexed? Is there a building scheme? Do sections 78,79 LPA 1925 apply? Does a successor have notice?
- Effective drafting of covenants
- The release, modification and extinguishment of restrictive covenants
- Methods for securing performance of positive covenants
- The use, enforceability and extinguishment of rent charges (past and present)