Making land work: easements, covenants and profits prendre

Front Cover
The Stationery Office, Jun 8, 2011 - Law - 257 pages
0 Reviews
In this report, the Law Commission makes recommendations to simplify, modernise and enhance the law of easements, covenants and profits prendre. These rights are essential to the effective use of land and are relied upon by a significant proportion of property owners in England and Wales. Parts of the current law are ancient, contradictory and unfit for modern society. The report recommends reform where it is needed, while preserving those aspects of the law that function as they should. The recommendations would not affect the validity and enforceability of existing rights. The reforms would: make it possible for the benefit and burden of positive obligations to be enforced by and against subsequent owners; simplify and make clearer the rules relating to the acquisition of easements by prescription (or long use of land) and implication, as well as the termination of easements by abandonment; give greater flexibility to developers to establish the webs of rights and obligations that allow modern estates to function; facilitate the creation of easements that allow a substantial use of land by the benefiting owner (for example, rights to park a car); expand the jurisdiction of the Lands Chamber of the Upper Tribunal to allow for the discharge and modification of easements and profits created post-reform.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

EASEMENTS COVENANTS AND PROFITS A PRENDRE
1
Human rights 1 32
8
72
26
Easements covenants and profits a prendre 2 16
27
3 Section 62 of the Law of Property Act 1925 3 52
37
5 Easements that confer the right to extensive use 3 188
64
REFORMS FOR REGISTERED TITLES
83
The express release of registered interests 4 52
92
The creation and registration of land obligations 6 46
129
The enforceability of land obligations 6 90
138
Adverse possession 6 134
147
Land obligations and the Crown
154
Our recommendations and the draft Bill
162
LIST OF RECOMMENDATIONS
175
ATTACHING OBLIGATIONS TO LAND
189
Interpretation of Part
205

the case for reform 5 21
100
The creation and registration of easements profits and covenants 2 50 21
110
Recommendations for the reform of freehold covenants 5 63
111
A NEW LEGAL INTEREST IN LAND
120
1
220
27
235
Copyright

Common terms and phrases

Bibliographic information