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Update: property

Janet Armstrong-Fox reviews easements, contracts conditional on planning, the new Building Societies Association’s Mortgage Instructions and the government’s plans to extend the SDLT disclosure regime to some residential property transactions

23 February 2010

Three recent cases on easements give us pause for thought on how we draft easements and advise our clients.

In Davill v Pull [2009] EWCA Civ 1309, the Court of Appeal considered the meaning of a right of way over a track that had been granted “for all reasonable and usual purposes” where the land having the benefit of the right was described in the conveyance granting the right as ‘garden’ land. This garden land was now to be used for residential development and the question before the court was whether the right of way was limited to all reasonable and usual purposes for a track leading to garden land. The court concluded that the limitation on use was intended to prohibit unreasonable and unusual purposes and that the use of the land for the construction and occupation of a house was a “reasonable and usual” use and the right of way could therefore lawfully be used for these purposes.

Careful thought must be given in drafting an easement to any pos...

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