The Law Commission has launched a consultation on wide scale reform to land law, specifically in relation to easements, covenants, and profits à prendre. The executive summary of the consultation raises the perceived problems: inadvertent creation of easements coupled with the inability of the courts to remove them due to changes in circumstances; the competing, overlapping and complex relationship of proprietary and contractual interests in restrictive covenants, and a number of other areas. The main focus of the reform is the semi-abolition of restrictive covenants and replacing them with a "Land Obligation", and a significant reduction in the circumstances in which easements and profits can be created by any other means than grant. The full consultation documents can be viewed on the Commission's site, and the deadline for responses is 30th June 2008.
Written by Simon Liddy, Barrister at New Walk Chambers, specialising in Land Law.
The New Walk Chambers Blog page is only intended to provide an accessible forum for a general overview and discussion of the topics posted on it. It is not meant to be a substitute for taking legal advice in any particular situation and should not be so used. Neither New Walk Chambers nor the author(s) accept any responsibility for anything done or not done on the basis of the contents of the Blog page.
Publish this article to: