Wragge Lawrence Graham & Co

UK 200 2013 position: 25

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…

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Analysis from The Lawyer

  • Paul Wilson

    Regional: attempted merger

    Alliances, failed and successful, are the story of the year outside London

  • Belinda Bradberry

    Interior designs

    Polish up your retention policy - private practice lawyers are increasingly eyeing in-house roles

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Overview

55 Colmore Row
Birmingham
B3 2AS
UK
http://www.wragge-law.com/

Turnover (£m): 120.50
No. of Lawyers: 458