Tinkering really won't do the trick
Francis, Andrew
Tinkering really won't do the trick - 2007 - Estates Gazette (0730) 28 July 2007, 124-126(3) .
Reports on the current state of the law of easements and covenants. The Law Commission is currently reviewing these laws and will publish a consultation paper this year. Acquisition of an easement by prescription is via an archaic process. The express granting of easements still leaves room for uncertainty over terms. There is also no statutory power to discharge or modify easements. Identifying the distinction between restrictive and positive covenants can be problematic. Rules governing restrictive covenants can be complex. Lands Tribunal jurisdiction is costly and slow.
PRESCRIPTION ACT 1832
LAND REGISTRATION ACT 2002
LAW OF PROPERTY ACT 1925
WHEELDON V BURROWS
GREENWICH HEALTHCARE NHS TRUST V LONDON AND QUADRANT HOUSING TRUST
CREST NICHOLSON (SOUTH) LTD V MCALLISTER
REGAN V PAUL PROPERTIES
United Kingdom--
Tinkering really won't do the trick - 2007 - Estates Gazette (0730) 28 July 2007, 124-126(3) .
Reports on the current state of the law of easements and covenants. The Law Commission is currently reviewing these laws and will publish a consultation paper this year. Acquisition of an easement by prescription is via an archaic process. The express granting of easements still leaves room for uncertainty over terms. There is also no statutory power to discharge or modify easements. Identifying the distinction between restrictive and positive covenants can be problematic. Rules governing restrictive covenants can be complex. Lands Tribunal jurisdiction is costly and slow.
PRESCRIPTION ACT 1832
LAND REGISTRATION ACT 2002
LAW OF PROPERTY ACT 1925
WHEELDON V BURROWS
GREENWICH HEALTHCARE NHS TRUST V LONDON AND QUADRANT HOUSING TRUST
CREST NICHOLSON (SOUTH) LTD V MCALLISTER
REGAN V PAUL PROPERTIES
United Kingdom--