Description
Ian Quill offers a detailed exploration of easements, their legal impact on land transactions, and the responsibilities buyers and sellers must uphold to avoid costly property disputes.
Key Points:
- Easements Can Arise Expressly or Impliedly:
Easements may be granted in writing, arise by implication, or through long use (prescription), and all forms can significantly affect property use and value. - Buyers Must Conduct Rigorous Due Diligence:
Physical inspections, title audits, and uncovering latent rights (e.g., prescriptive easements or overriding interests) are critical to identifying hidden liabilities. - Restrictive Covenants and Maintenance Duties Must Be Clearly Understood:
Easements and covenants often come with ongoing responsibilities, and changes or enforcement can be complex, requiring proper documentation and awareness of legal reform and case law.
Learning Objectives:
- Identify and Differentiate Legal and Equitable Easements:
Understand how easements are created, when they require registration, and how they differ in enforceability and disclosure obligations. - Recognise the Legal and Practical Implications of Prescriptive Rights and Overriding Interests:
Learn how longstanding informal use can legally bind property buyers and how sellers must manage disclosure duties. - Assess and Manage Restrictive Covenants and Title Risks:
Evaluate enforceability, consider Section 84 applications for modification/removal, and determine when defective title insurance may be appropriate.
