Restrictive covenants
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What are Restrictive Covenants?

  • Clauses in a deed that limit the way real estate ownership may be used (correct)
  • Agreements entered into by owners of land that dictate how the land concerned can and cannot be used
  • Legal rights only exercisable by certain individuals or commoners.
  • Non-possessory interests to use real property in possession of another person for a stated purpose

    • What are Restrictive Covenants?

  • Clauses in a deed that limit the way real estate ownership may be used (correct)
  • Agreements entered into by owners of land that dictate how the land concerned can and cannot be used
  • A method by which the law gives legal recognition to the existence of an easement.
  • Non-possessory interests to use real property in possession of another person for a stated purpose

    • What are Restrictive Covenants?

  • Agreements entered into by owners of land that dictate how the land concerned can and cannot be used
  • Clauses in a deed that limit the way real estate ownership may be used
  • Agreements entered into by owners of land that bind successive owners and dictate how the land concerned can and cannot be used (correct)
  • Clauses in a deed that limit the way real estate ownership may not be used

    • What are Restrictive Covenants?

    <p>Clauses in a deed that limit the way real estate ownership may be used</p> Signup and view all the answers

    What are some examples of Restrictive Covenants?

    <p>All of the above</p> Signup and view all the answers

    What are examples of Restrictive Covenants?

    <p>All of the above</p> Signup and view all the answers

    Who can modify or discharge restrictive covenants under certain circumstances?

    <p>The Lands Tribunal</p> Signup and view all the answers

    Which of the following is an example of a Restrictive Covenant?

    <p>All of the above</p> Signup and view all the answers

    What is the most commonly used easement?

    <p>One that allows underground services of one property to pass beneath the land of one or more neighbouring properties.</p> Signup and view all the answers

    What is the purpose of Restrictive Covenants?

    <p>To limit the way real estate ownership may be used</p> Signup and view all the answers

    Which entity has the power to modify or discharge restrictive covenants under certain circumstances?

    <p>The Lands Tribunal</p> Signup and view all the answers

    What is the power of the Lands Tribunal regarding Restrictive Covenants?

    <p>To modify or discharge them under certain circumstances</p> Signup and view all the answers

    What are Easements?

    <p>Non-possessory interests to use real property in possession of another person for a stated purpose</p> Signup and view all the answers

    What is prescription?

    <p>A method by which the law gives legal recognition to the existence of an easement which has been enjoyed over a long period as if it had been created initially by a formal grant.</p> Signup and view all the answers

    What are Easements?

    <p>Non-possessory interests to use real property in possession of another person for a stated purpose</p> Signup and view all the answers

    What are Easements?

    <p>Non-possessory interests to use real property in possession of another person for a stated purpose</p> Signup and view all the answers

    What are the four essential characteristics of an easement?

    <p>Dominant and servient tenement, accommodation of the dominant tenement, ownership or occupation by different persons, and the capability of forming the subject matter of a grant.</p> Signup and view all the answers

    What is the most commonly used easement?

    <p>One that allows underground services of one property to pass beneath the land of one or more neighbouring properties.</p> Signup and view all the answers

    What is the most commonly used easement?

    <p>One that allows underground services of one property to pass beneath the land of one or more neighbouring properties</p> Signup and view all the answers

    What is the most commonly used easement?

    <p>One that allows underground services of one property to pass beneath the land of one or more neighbouring properties.</p> Signup and view all the answers

    What is Prescription?

    <p>The method by which the law gives legal recognition to the existence of an easement which has been enjoyed over a long period as if it had been created initially by a formal grant.</p> Signup and view all the answers

    What is a dominant tenement?

    <p>A tenement that benefits from an easement.</p> Signup and view all the answers

    What is Prescription?

    <p>The method by which the law gives legal recognition to the existence of an easement which has been enjoyed over a long period as if it had been created initially by a formal grant.</p> Signup and view all the answers

    What is Prescription?

    <p>The method by which the law gives legal recognition to the existence of an easement which has been enjoyed over a long period as if it had been created initially by a formal grant</p> Signup and view all the answers

    What are the four essential characteristics of Easements?

    <p>Need for a dominant and servient tenement, accommodation of the dominant tenement, ownership or occupation by different persons, and the capability of forming the subject matter of a grant.</p> Signup and view all the answers

    What are the essential characteristics of an easement?

    <p>All of the above</p> Signup and view all the answers

    What is common land?

    <p>Land with rights of common over it.</p> Signup and view all the answers

    What are the four essential characteristics of Easements?

    <p>The need for a dominant and servient tenement, accommodation of the dominant tenement, ownership or occupation by different persons, and the capability of forming the subject matter of a grant.</p> Signup and view all the answers

    Who has the right to go onto common land?

    <p>The general public, only if it is crossed by public rights of way.</p> Signup and view all the answers

    What is a dominant tenement?

    <p>A tenement that benefits from an easement</p> Signup and view all the answers

    What is a dominant tenement?

    Signup and view all the answers

    What is a dominant tenement?

    <p>A tenement that benefits from an easement.</p> Signup and view all the answers

    What is the purpose of the Law of Property Act 1925, the Law of Commons Amendment Act 1893, and the National Trust Acts 1907 and 1971?

    Signup and view all the answers

    Can an easement exist in gross?

    <p>No</p> Signup and view all the answers

    How are common land and village greens protected?

    Signup and view all the answers

    What are Common Land

    Signup and view all the answers

    Study Notes

    • The lecture covers the Law of Land and Property, including Registration of Land, Adverse Possession, Restrictive Covenants, Easements, and Common Land & Village Greens.
    • Restrictive Covenants are clauses in a deed that limit the way real estate ownership may be used.
    • Examples of Restrictive Covenants include not using the land for business activity, not using the land for anything other than agricultural use, and not carrying out any building or residential development.
    • Restrictive Covenants are agreements entered into by owners of land that bind successive owners and dictate how the land concerned can and cannot be used.
    • The Lands Tribunal has power to modify or discharge restrictive covenants under certain circumstances.
    • Easements are non-possessory interests to use real property in possession of another person for a stated purpose.
    • The most commonly used easement is one that allows underground services of one property to pass beneath the land of one or more neighbouring properties.
    • There are private and public rights of way, with the former limited to an individual or group and usually connected with land holdings.
    • Prescription is the method by which the law gives legal recognition to the existence of an easement which has been enjoyed over a long period as if it had been created initially by a formal grant.
    • Easements are incorporeal hereditaments which are essentially interests in land that confer certain rights over the land in question, but never any exclusive right to possession.
    • Easements have four essential characteristics, including the need for a dominant and servient tenement, accommodation of the dominant tenement, ownership or occupation by different persons, and the capability of forming the subject matter of a grant.
    • A dominant tenement benefits from an easement, while a servient tenement is burdened by it.
    • An easement cannot exist in gross and must be connected to an estate in land.
    • Common land is land with rights of common over it, while village greens are areas of land for lawful sports and pastimes.
    • The general public has no right to go onto common land unless it is an urban common or crossed by public rights of way.
    • Rights of common are legal rights only exercisable by certain individuals or commoners.
    • Common land and village greens are protected under several Acts of Parliament, including the Law of Property Act 1925, the Law of Commons Amendment Act 1893, and the National Trust Acts 1907 and 1971.
    • Councils can ban the siting of caravans for human occupation on common land.
    • It is unlawful to drive a motor vehicle on any common land without lawful authority.
    • Village Greens enjoy statutory protection under two nineteenth century Acts.
    • The Inclosure Act 1857 and Commons Act 1876 protect village greens and common land.
    • Structures or encroachments on village greens are considered a public nuisance.
    • Work to enhance recreational use of town or village greens is allowed with permission.
    • Legal action can be taken in Magistrates' Courts for any offense that contravenes the Acts.
    • Parish/Community Council or the landowner can bring an action under Section 12 of the Inclosure Act.
    • Any inhabitant of the Parish can bring an action under Section 29 of the Commons Act.
    • Offenses are tried in Magistrates' Courts.
    • Encroachments or enclosures on town or village greens are not allowed.
    • Enhancing recreational use of town or village greens is encouraged.
    • The Acts aim to protect the use and enjoyment of village greens and common land for recreation.

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