The most straightforward method of creating an easement is by express grant. This occurs when the owner of the property or land (the burdened land) grants the easement/right to the owner of the benefitting property or land.
An easement can also be created by an express reservation. That is, a party selling or transferring property can reserve for himself or for a third person, the right to use the property for a specified purpose.
An easement or right will be extinguished when both the dominant land (the land with the right to an easement or profit) and the servient land (the land over which the right can be exercised) come into common ownership and possession of the same owner ( based on the principle that an easement cannot exist over your own land !). They may also be extinguished by abandonment and or estoppel (in certain circumstances) and by express agreement.
What are restrictive covenants?
Restrictive covenants are binding conditions that are written into a property’s deeds or contract by a seller to determine what a homeowner can or cannot do with their house or land under particular circumstances. The important thing to remember about restrictive covenants is that they usually ‘run with the land’. This means that they are applicable to all future owners of the burdened property and not just the original covenantor.
If you need any help with this area of land law, please contact our specialist property team. We can help clients to find resolution in the most complex of cases. Our team specialise in dealing with land and property investigation, disputes and litigation. Contact disputeresolution@afglaw.co.uk
