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16 June 2011
Issue: 7470 / Categories: Legal News
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Breaking new ground

Outdated land law to be reformed under new proposals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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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