Why are Easements important?

Why are Easements important?

Easements exist in the majority of freehold titles and so they are important to conveyancers and buyers alike.  Easements are certain rights that a person has over another’s land. Rights range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light, to more strained and novel forms. All types are subject to general rules and constraints.

Some classes of easement are heavily constrained, the courts will only uphold these subject to wide-reaching public policy, chiefly property rights interference, tests they have laid down in precedent. Similar tests apply to the implication of easements. If they fail on any of these tests the right claimed may be interpreted as a “mere” licence, typically a right of use revocable at will. Details of the use, wording and history of certain rights are pivotal. Prime examples of express purported easements which will only be upheld on particular facts are the use of a communal garden with a public dimension or the use of parts of another person’s land for parking.

The necessity of easements is shown by the Law Commission’s 2008 statistical finding that express easements exist over or under at least 65% of registered freehold titles. In many cases, it is impossible for a landowner or tenant to access a public highway without an easement of a right of way over intervening land. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary or would be reasonably expected to be held by a landowner, an approach which reduces legal fees but is not altogether uncontroversial, and has been the subject of recent reform proposals.

To find out more, join our complimentary webinar. Redbrick Solutions and CLS Property Insight are delighted to be hosting a webinar on Understanding Easements. Senior Business Development Manager, Neil Wood will explore the different types of easements and methods of treating them illustrating the issues through case studies from CLS clients. The Webinar will cover; What is an Easement and why are they important to a buyer? Types of easement and how they are created, Prescriptive easements (long user), Ending an easement and CLS Property Insight easement policies.

The webinar will be taking place on 16th March at 11am. Please register here if you are interested.  https://attendee.gotowebinar.com/register/6172712566069911311

 

This article was submitted to be published by Redbrick Solutions as part of their advertising agreement with Today’s Conveyancer. The views expressed in this article are those of the submitter and not those of Today’s Conveyancer.

Redbrick Solutions

http://www.redbricksolutions.co.uk/

Redbrick Solutions: Easy to use case management, delivered by experts, for successful law firms

Our revolutionary legal case management solution Redbrick Practice Management integrates case management, document management, reporting, workflow, task and diary functions, compliance and outlook integration all via a user friendly interface with best practice built in. We assist users at every step of the way from the initial estimate through to invoicing the client and collecting monies, producing letters, legal forms, bills and statements in seconds and managing risk via a transparent to-do list visible to case owners with all the third party links you’ll need.

Our secure two-way client portal enables you to share documents and sensitive information safely and effortlessly with your client, whilst our built in reporting module will deliver business critical information automatically to key decision makers and can be customised to suit your requirements.  Our clients range from Top 200 firms to regional multi partner firms, but wherever our products are used, the results are reassuringly the same: we help you handle your matters in as efficient and cost effective a manner as possible.

Redbrick Solutions are delighted to have been awarded ‘Leading Expert In Tech 2017’ by Softec Int, and to still be the only legal case management provider to have achieved the Legal Eye Standard. We work closely with our clients, through user focus groups, to ensure we build solutions that make a real difference to you, the lawyer.

Redbrick Business Intelligence, our back office solution, covers the full spectrum of financial management requirements including; Client and Business Accounting, Billing and Productivity Management and Financial and Analytical Reporting.  The two solutions can be used together to provide one powerful, seamlessly integrated solution delivering everything required by the modern law firm.

Our best in class solutions and service led ethos have resulted in us being the only software supplier to have been selected by the Society of Licensed Conveyancers (SLC) as preferred supplier to its members.  We are also members of the Legal Software Suppliers Association (LSSA).

For further details on any of our products or services please see www.redbricksolutions.co.uk or contact Jo Hodges on 0845 166 2629 or [email protected]

 

Leave a Reply

Your email address will not be published.

X