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This popular work has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land. In this book a complex topic is made intelligible by easily understood text, complemented by flowcharts and checklists. This enables the adviser to solve problems quickly and accurately. The author brings his extensive experience of cases involving covenants to the work, dealing with points that arise in practice both comprehensively and with authority. The work considers all the key areas of law and practice affecting restrictive covenants. This new edition has been completely revised and updated with more detailed treatment of major issues affecting restrictive covenants. [Subject: Property Law, Freehold Land, Restrictive Covenant]
As statutes and regulations increasingly inhibit the rights of private landowners, the restrictive covenant has subtly emerged as one of the few remaining tools of property control available to the freeholder of land. * This edition discusses case law and its far-reaching effects on the jurisdiction of the Lands Tribunal, the modification or discharge of covenants and the compensation required * It also incorporates rent charge covenants and other use obligations, and the problems of consent and breach * Detailed chapters are included on procedure in Lands Tribunal applications
In this report, the Law Commission makes recommendations to simplify, modernise and enhance the law of easements, covenants and profits á prendre. These rights are essential to the effective use of land and are relied upon by a significant proportion of property owners in England and Wales. Parts of the current law are ancient, contradictory and unfit for modern society. The report recommends reform where it is needed, while preserving those aspects of the law that function as they should. The recommendations would not affect the validity and enforceability of existing rights. The reforms would: make it possible for the benefit and burden of positive obligations to be enforced by and against subsequent owners; simplify and make clearer the rules relating to the acquisition of easements by prescription (or long use of land) and implication, as well as the termination of easements by abandonment; give greater flexibility to developers to establish the webs of rights and obligations that allow modern estates to function; facilitate the creation of easements that allow a substantial use of land by the benefiting owner (for example, rights to park a car); expand the jurisdiction of the Lands Chamber of the Upper Tribunal to allow for the discharge and modification of easements and profits created post-reform.
This fifth edition covers everything from the legal definition of land to the essential elements in a lease or tenancy and the function of covenants in the planning of land use.
Modern Land Law offers a lively and thought-provoking account of a subject that remains at the heart of our legal system. Dispelling any apprehension about the subject’s formidability from the outset, this compact textbook provides an absorbing and exact analysis of all the key legal principles relating to land. Written with students firmly in mind, the principal features of this textbook include: • a clear introduction to every chapter which frames each topic in its wider context; • corresponding chapter summaries which help to consolidate learning and encourage reflection; • the use of tables and diagrams to aid understanding of complicated topics; • a friendly two-colour text design which complements Martin Dixon’s comprehensible and engaging writing; • a new companion website which supports this textbook for the first time with a fully customisable testbank for lecturers; self-test questions and practice exam-style questions for students as well as podcasts to keep students updated with new cases, important decisions and other newsworthy issues relating to land law. Updated fully to include discussion of the most recent case law such as Berrisford v Mexfield Housing Association, Halifax v Popeck and Jones v Kernott, Modern Land Law is one of the most current and reliable textbooks available on land law today.
Doctrinal and critical, Thompson's Modern Land Law looks at the core areas of this subject area through a theoretical lens. The authors excel at explaining difficult rules and concepts clearly but without oversimplification, guiding students around the common pitfalls in areas where there is typically misunderstanding or confusion. Straightforward accounts of the law are underpinned by insightful author commentary on areas of debate, exposing students to critical reasoning. Examples of the context in which land law operates helps students to understand abstract topics and encourages them to appreciate the social importance of this subject.