Passing of Benefit and Burden of Easements and Profits à Prendre to Successors in Title
Easements
Registered land
Unregistered land
Profits à prendre
5.
The Scope of Easements and Profits à Prendre
Introduction
Express grant or reservation
Implied grant/prescription by lost modern grant
6.
Particular Easements and Examples of Analogous Remedies of Relevance to Development
Rights of way and excessive user
Rights of light
Remedies
Rights of support
Other remedies for loss of support apart from an actionable interference with an easement
Access to neighbouring land to carry out repairs
Party walls
Underground services enjoyed over third-party land
7.
Extinguishment of Easements and Profits à Prendre
Introduction
By statute
By express release
By implied release
By unity of ownership and possession
8.
Registration of Easements and Profits à Prendre and Determination of Disputes
Registration
Determination of disputes
;PART II - WAYLEAVE AGREEMENTS
9.
Wayleave Agreements
Introduction
Electricity
Internet connectivity (BT/Openreach)
Gas
Water and Sewage
;PART III - TOWN AND VILLAGE GREENS;
10.
Town and Village Greens
Introduction
Consequences of registration
Regulatory framework under Commons Act 2006, section 15
Who is entitled to apply for registration?
Application form
Managing the application
Determining applications (non-pioneer areas)
Determining applications (pioneer areas)
Exclusion of the right to apply for registration
Repeat applications (res judicata)
Qualifying criteria for registration
Conflicting statutory regimes
De-registration and exchange
Amending the register to cancel a registration
Challenging decisions of the registration authority
PART IV -PUBLIC RIGHTS OF WAY;
11.
Introduction to Public Rights of Way
12.
Public Rights of Way – Definitions and their Creation
What is a public right of way?
Classes of highway
13.
Creation of Highways
Introduction
Common law
Express dedication and dedication generally
Implied dedication
‘As of right’
Statutory presumption of dedication
Provisions under the Highways Act 1980
Reforms
14.
The Highway Authority, Ownership and Maintenance
The highway authority
Ownership of the highway
Private rights over highway land
15.
Maintenance and Adoption of Highways
Introduction
Who is responsible to repair?
The adoption of roads
Private streets
Private street works code
Advance payments code
16.
Interferences with Public Highways
Introduction
General provisions under the Highways Act 1980
Specific provisions under the Highways Act 1980
Public nuisance
Criminal law
17.
Stopping Up and Diversion Orders
Introduction
The effect of stopping up and diversion
Stopping up and diversions – development provisions under the Town and Country Planning Act 1990
Other development provisions
Provisions under the Highways Act 1980
Other provisions under the Highways Act 1980
Further provisions
Temporary diversions
Alternative ways by which highways might be extinguished
Adverse Possession
18.
Ascertaining and Recording Rights of Way
Introduction
What is the definitive map and statement?;
Inclusion of rights on the definitive map and statement
Roads used as public paths
Effect of the Natural Environment and Rural Communities Act 2006
Conflicts between the map and statement
Modifications to the definitive map;
19.
Financial Provisions
Agreements under Highways Act 1980, section 278
Relationship between section 278 agreements and planning permission
;PART V - RESTRICTIVE COVENANTS (FREEHOLD LAND)
20.
Introduction to Restrictive Covenants (Freehold Land)
21.
Positive and Negative Covenants and the Transmission of Benefit and Burden to Successors in Title of the Original Contracting Parties
The distinction between positive and negative covenants
22.
Enforceability of the Benefit of a Covenant
As between the contracting parties
Passing of the benefit of a positive or restrictive covenant
Burden of positive covenants
23.
Enforceability of the Burden of a Freehold Covenant
Introduction
Development of the law of restrictive covenants
Covenant must be negative in nature or restrictive of the use of the burdened land
Covenant must be made for the benefit and protection of land held by the covenantee
Exceptions to the rule that the covenant must confer a benefit on the land of the covenantee
Special equitable rules apply in relation to the enforceability of a restrictive covenant where the original covenantee has parted with the benefited land
Statutory annexation
Summary on assignment and annexation
Schemes of development (or building scheme covenants)
Covenant must have been intended to run with the covenantor’s land
Passing of the burden (notice and registration)
24.
Restrictive Covenants and Other Restrictions on the Use of Freehold Land in Public Ownership
Introduction;
Power of public bodies to impose restrictive covenants
Town and Country Planning Act 1990, section 106 (substituted by Planning and Compensation Act 1991, section 12);
Highways Act 1980, section 35
Housing Act 1985, section 609
Wildlife and Countryside Act 1981, section 39
Local Government (Miscellaneous Provisions) Act 1982, section 33
National Trust Act 1937, section 8
Power of local authorities to extinguish or override restrictive covenants
Consequences of compulsory purchase
Land held by local authorities which is subject to rights of public recreation (land either acquired or appropriated onto such purposes or held for charitable purposes)
25.
Meaning and Construction of Certain Restrictive Covenants which Impact on the Development and Commercial Use of Land
Overview in relation to contractual interpretation
Implying terms
Specific covenants
Inference that consent to development should not be unreasonably withheld
Relevant factors in determining reasonableness
Meaning of certain terms in restrictive covenants which impact on residential development
Covenants which impact on the use of premises for trade or business purposes
Competition Act 1998 – land agreements
Restrictive covenants which preclude the acquisition of rights of light or other easements
26.
Litigation – Remedies and Practice
Introduction
Damages or injunction – development of the modern law
Damages in addition to a permanent injunction
Remedies for breach of covenant – summary
Claims – practice
Stays and limitation
27.
Release, Discharge or Modification of Restrictive Covenants
Introduction
Release by express agreement
Change of character of neighbourhood
Acquiescence
Unity of seisin
Discharge or modification of restrictive covenants under Law of Property Act 1925, section 84(1) (as amended by Law of Property Act 1969, section 28)
Introduction to Law of Property Act 1925, section 84(1)
Jurisdiction of the Upper Tribunal (Lands Chamber)
Section 84 grounds for discharge or modification
Compensation under section 84(1)
Implementation (registration) of orders made under section 84
Costs in proceedings before the Upper Tribunal (Lands Chamber)
28.
Restrictive Covenants – Planning and Compulsory Purchase
Planning
Compulsory purchase
;PART VI - ASSETS OF COMMUNITY VALUE
29.
Assets of Community Value
Introduction
What land assets are affected?
Land which is not of community value and which cannot be listed
Who may nominate an asset for inclusion in the list of assets of community value?
Contents of community nominations
Procedure after a nomination has been made
Right to a review
Procedure for reviews
Appeals against listing review decisions
List of land nominated but unlisted
Publication and inspection of lists
Moratorium requirements on disposals of listed land
Exemptions to the moratorium provisions
Compensation and enforcement
Enforcement
;PART VII - ENFORCEMENT OF PLANNING CONTROL
30.
Enforcement of Planning Control
Introduction to planning control
Enforcement of planning control
;PART VIII - TREE PRESERVATION ORDERS, TREES IN CONSERVATION
AREAS AND HEDGEROWS
31.
Tree Preservation Orders, Trees in Conservation Areas and Hedgerows
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