Easements and Covenants
Rights of way, rights to park, rights of light and a whole host of other rights together with covenants not to do something such as erect a property or extend a property, are increasingly common issues, particularly in the densely populated South East of England.
Rights can be acquired in a number of different ways and covenants not to do something can be avoided by various means. Our team has extensive experience of such claims being litigated to trial.
Please contact our team to discuss.
Recent examples of our work include:
- A successful claim establishing a prescriptive easement to park on private land adjoining our client’s house.
- Obtaining an injunction to prevent a third party exercising a disputed right of way over our client’s private access way.
- Homeowner Wins Garage Extension VAT Dispute The owner of a listed home has avoided a hefty VAT bill in respect of the construction of a garage to house his classic car collection after the First-tier Tribunal (FTT) accepted that HM Revenue and Customs (HMRC) had erred and that the project...
- Offer to Help Leads to Duty of Care In general, a landowner does not owe a duty of care to people who voluntarily take risks while on the landowner's property. However, a recent case in the Court of Appeal has illustrated that this may not be the...
- Failure to Enforce Right Leads to its Loss An easement (such as a right of way) is a right over someone else’s land. A right of easement, once granted, is quite often forgotten about. However, a recent case shows how important it can be to make sure that an easement does not lapse through disuse...