Rights that benefit and burden land – a review of the current law of easements

CONTENT

Perhaps 75% of all properties are affected by easements, like rights of way and rights to light, rights that may enhance the value of the land they benefit but can diminish the value of the land across which those rights pass. The law needs to be modernised, but until it is we need to practice what has been called “ancient” law as best we can. In this video Paul Clark describes

• what an easement is
• how it is acquired
• the differences between express and implied easements
• the need for registration
• the impact of the many cases on the extent of an easement and its character
• recent developments in the law

LEARNING OBJECTIVES

Perhaps 75% of all properties are affected by easements, like rights of way and rights to light, rights that may enhance the value of the land they benefit but can diminish the value of the land across which those rights pass. The law needs to be modernised, but until it is we need to practise what has been called “ancient” law as best we can. In this video you will learn:

• what an easement is, and how it is acquired and registered
• the differences between express and implied easements
• the extent of a right of way and the problems it can cause
• what happens when the use of an easement changes
• what easements of necessity and common intention are
• how an easement may end
• developments in the law on rights to light

Speaker

PAUL CLARK

Paul Clark has been a consultant at Cripps LLP since 2003. He was head of property at DJ Freeman and before that a solicitor at Linklaters & Paines. Paul has experience in major projects, development, shopping centres, landlord and tenant, land registration and SDLT.  A plain language enthusiast, responsible for many standard forms, including the RICS common auction conditions. Former chair of the City of London Solicitors Company Land Law Subcommittee. Member of the Stamp Taxes Practitioners Group. Conveyancing Editor of ‘The Conveyancer and Property Lawyer’. Writes for isurv, the surveyors’ on-line legal service.