Land obligations: the benefit and burden principle
By Chris Dolan and Cara Beveridge
As a general rule, positive obligations relating to land do not run with it — essentially they do not bind future owners of it.
A limited exception to this rule is that a person cannot enjoy a benefit without accepting a burden that goes with it and for this to apply the benefit and the burden must be relevant to each other.
The case that established this was Halsall v Brizell, decided in 1957. It concerned an obligation to contribute towards the cost of maintaining a roadway over which rights of way were granted. The court said that the obligation to pay for its upkeep was unenforceable, but that the successor in title to the original owner was not entitled to exercise the right of way if it did not also undertake the obligation to pay for the upkeep of the road. The exercise of the right was conditional on compliance with the positive obligation…
Click on the link below to read the rest of the Shoosmiths briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The law provides that if you would like to move a child from their main country of residence, the consent of the other person with parental rights should be obtained first.
There are now a range of options for resolving a dispute between a consumer and a trader.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…