header-logo header-logo

Breaking new ground

16 June 2011
Issue: 7470 / Categories: Legal News
printer mail-detail

Outdated land law to be reformed under new proposals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
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll