- Page 1: The Law Commission (LAW COM No 327)
- Page 6 and 7: vi Paragraph Page (7) The terminati
- Page 8 and 9: viii Paragraph Page Remedies for br
- Page 10 and 11: covenant not to build upon it, for
- Page 12 and 13: This is an important area with sign
- Page 14 and 15: 7 we recommend that that jurisdicti
- Page 16 and 17: HUMAN RIGHTS 1.32 In a project conc
- Page 18 and 19: of this Report; they do not general
- Page 20 and 21: (b) A rentcharge in possession issu
- Page 22 and 23: Many further examples could be give
- Page 24 and 25: 2.25 Second, the easement must acco
- Page 26 and 27: 2.34 The profits with which we are
- Page 28 and 29: 2.42 A restrictive covenant is not
- Page 30 and 31: 2.53 In the Consultation Paper we m
- Page 32 and 33: 2.62 Rights that do not qualify for
- Page 34 and 35: CONCLUSION 2.72 In this Part we hav
- Page 36 and 37: more. 3.6 Consultees were keen to r
- Page 38 and 39: implied. 14 3.14 The necessity must
- Page 40 and 41: Further bases for implication 3.22
- Page 42 and 43: to a single general principle … i
- Page 44 and 45: any test for implication must be ap
- Page 46 and 47: (1) A conveyance of land shall be d
- Page 48 and 49: intention of the “grantor”. Bec
- Page 50 and 51: from the case law; a claimant may c
- Page 52 and 53: 3.82 We have heard calls throughout
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landowner’s objections or protest
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y lost modern grant. The introducti
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3.108 Under the 1832 Act a tenant c
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period, and imposes exactly the sam
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criminal. 132 3.130 Note that the s
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egistration principles. 140 3.139 N
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elaxation of the restriction. We we
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to make the acquisition of a right
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simple owner. 171 When land is let,
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than requiring people to do battle
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And that was the difficulty with th
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3.200 Clearly if such arrangements
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that the servient owner can access
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Abandonment is not, we think, to be
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3.230 We recommend that where an ea
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3.239 However, the Court of Appeal
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We agree that where an easement is
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3.253 Yet we hear the practical con
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and so our clause enables an electi
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4.6 Schedules 4 and 8 to the Land R
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ecause of the antiquity of those in
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will reach Land Registry - and the
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into one title, the easement is lik
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4.50 That reform is to apply to int
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easement being created. Short-form
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PROBLEMS IN THE LAW RELATING TO COV
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e registered and there would then b
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obligations rather than positive co
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support. 39 5.27 None of these meth
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in this context. The Restatement dr
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5.43 A very few consultees explicit
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5.51 The policy of the American Res
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out by an unexpected burden. The co
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5.66 That latter point in particula
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status as an interest in land, and
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terms used at present to create a c
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servient owner has responded to req
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PART 6 A NEW LEGAL INTEREST IN LAND
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(2) The only interests or charges i
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6.21 Obligations that do not touch
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Ancillary rights 6.33 Clause 1(6) o
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his successors in title will [mend
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for a plan to be used in creating a
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6.57 We recommend that where title
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6.68 Legal easements, by contrast,
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Unity of seisin 6.79 We take the vi
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THE ENFORCEABILITY OF LAND OBLIGATI
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6.99 We recommend that where more t
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6.110 This is close to one of the o
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(1) where the proprietor of one par
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- it would be in the parties’ int
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6.139 But what of the squatter befo
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this view. In keeping with the cont
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way linked, on breach, to the value
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6.174 However, we need to recommend
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the land, the burdens will attach t
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Land: Report on Restrictive Covenan
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we make no recommendations that wil
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the conclusion that the Lands Chamb
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7.32 Consultees supported that chan
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7.42 It is important for the provis
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positive obligations and apportionm
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7.63 We made two provisional propos
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7.74 However, in some instances the
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7.86 In the Consultation Paper we m
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8.7 We recommend that: (1) an easem
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8.21 We recommend that provided tha
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8.34 We recommend that Land Registr
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8.48 We recommend that the limitati
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applicant does not object; equally,
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1 Power to impose obligations 2 Con
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Law of Property Bill iii 42 Saving
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2 190 Law of Property Bill Part 1
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4 7 Enforcement of obligations 192
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6 Interpretation 194 Law of Propert
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8 Law of Property Bill Part 2 — E
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10 Law of Property Bill Part 2 —
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12 Law of Property Bill Part 2 —
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14 Law of Property Bill Part 3 —
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16 Law of Property Bill Part 3 —
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18 Law of Property Bill Schedule 1
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20 Law of Property Bill Schedule 2
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22 Forestry Act 1967 (c. 10) 210 La
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24 212 Law of Property Bill Schedul
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A.7 Easements and profits are gener
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COMMENTARY ON CLAUSES PART 1 ATTACH
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Clause 2: conversion of future cove
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ecause his estate does not give him
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(3) Where the Crown has made a gran
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without permission” (clause 17(1)
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(2) any relevant physical features
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that when any of those rights benef
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(2) what a restriction means; and (
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would be possible for D to make an
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(2) land that has been discharged f
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the dominant owner, the land obliga
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APPENDIX C SAMPLE REGISTERS 238
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240
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242
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244
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X Y Z D.9 That example is simplisti
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X A B Y C D.18 A, B, C and Y are j
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APPENDIX E SECTION 84 OF THE LAW OF
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(3A) On an application to the Upper
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APPENDIX F LIST OF CONSULTEES Richa
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Institute of Legal Executives Wragg