Property Update — February 2014: easements
Once again, the issue of whether an easement has been created on a sale off of part of a larger site, with the seller retaining the unsold land, has come before the courts.
The law generally deals more favourably with a buyer to whom not all of the necessary rights were granted than a seller who forgets to reserve an easement in favour of the retained land. As ever, the ideal is for all such matters to be dealt with expressly in the transfer documentation, but in practice this does not always happen.
As a result, the parties either have to negotiate a revised set of grants and reservations (from a position of weakness or strength, as the case may be) or have recourse to the courts to seek a declaration of what rights can be implied…
Click on the link below to read the rest of the Wragge & Co briefing.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
The new provisions of the EU Directive on consumer rights have entered into force. They include several changes you should be aware of in order to ensure your business remains compliant.
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.