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Breaking new ground

16 June 2011
Issue: 7470 / Categories: Legal News
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Outdated land law to be reformed under new proposals

The Law Commission has proposed wide-sweeping reforms to ancient land rights and obligations.
Its report, Making Land Work: Easements, Covenants and Profits à Prendre, published last week, suggests simplifying and streamlining the law to make it easier for buyers, vendors, developers and mortgage-lenders to ascertain the often complex rights and responsibilities attaching to plots of land.

The proposals include simplifying the law of easements by prescription and implication, replacing restrictive covenants with “land obligations” and extending the jurisdiction of the lands chamber of the upper tribunal to cover easements, profits and land obligations.

LexisPSL property law solicitor, Malcolm Dowden said: “The Law Commission proposals offer an extremely sensible and practical response to a range of anomalies—some ancient, others far more recent creations of the court.    

“At the moment, an easement can lay unused for decades (in one case more than 150 years) but remain capable of being revived. The proposed reforms would establish a rebuttable presumption that an easement has been abandoned where it has not been used for at least 20 years. That change would radically shift the balance in favour of development, while preserving the right of the person with the benefit of an unused easement to show that an actual intention to use it remains.

“The proposal relating to the Law of Property Act 1925, s 62 is particularly welcome. It would remove the trap created by Hair v Gillman [2000] 3 EGLR 74, where a permission to park was transformed by a conveyance into a legally enforceable right binding all subsequent owners of the property.”

Issue: 7470 / Categories: Legal News
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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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