Freehold Easements & Covenants - A Practical Guide

Course level

Introductory

Delegates

This course will be of benefit to all practitioners undertaking conveyancing and property-related work.

Overview

A majority of freehold titles are affected by easements and covenants; recent Land Registry figures indicate as many as 65% of freehold titles are subject to an easement and 79% to a restrictive covenant. Yet the law relating to these interests remains complex and often gives rise to difficulties. It is essential for any property law practitioner to be aware of the issues to advise effectively and to protect clients’ interests.

This course is designed to remind practitioners of the legal principles and to provide a guide to best practice. It will cover interpreting existing rights, formulating advice to clients for dealing with common problems as well as drafting guidance on the variation of rights and the creation of new rights.

By the end of this course you will be able to:

    Easements

  • Determine whether a particular right is capable of being an easement
  • Understand the ways an easement can be acquired including inadvertent acquisition by prescription
  • Advise upon enforceability against successors in title and the remedies available
  • Understand the ways an easement can come to an end including the risk of abandonment
  • Understand how easements are dealt with under the land registration system and in unregistered land and comply with all relevant registration requirements
  • Advise upon the variation of easements and draft appropriate provisions
  • Advise upon the easements necessary on a sale of part and draft appropriate provisions

    Covenants

  • Determine whether a covenant is restrictive or positive
  • Understand the rules governing the passing of the benefit and burden of restrictive covenants and advise upon enforceability against successors in title
  • Advise upon the best solution for dealing with problematic restrictive covenants
  • Ensure the enforcement of positive covenants against successors in title
  • Understand how covenants are dealt with under the land registration system and in unregistered land and comply with all relevant registration requirements
  • Advise upon any covenants necessary on a sale of part and draft appropriate provisions

      "A CPD certificate of completion will be provided by BPP Professional Education Limited upon request, following attendance."

      Approved for accreditation by the Bar Standards Board

      Course Dates

      Location Dates Time Availability
      London 16 Jul 2020 9:30 AM - 5:15 PM  Limited
      Manchester 17 Sep 2020 9:30 AM - 5:15 PM  Spaces
      London 15 Oct 2020 9:30 AM - 5:15 PM  Spaces

      If you would like any further information on any of the electives please call us on 2020 226 2422 or email [email protected]

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