Test Your Knowledge of Restrictive Covenants

Restrictive covenants are agreements between landowners and developers that place limitations on how the land can be used.

They are used to protect neighboring land and to prevent development from disturbing the original purpose of the land.

The Lands Tribunal has the power to modify or discharge restrictive covenants where they no longer serve their original purpose.

Restrictive covenants can be removed if the original purpose of the covenant has been superseded.

An easement is a right to use real property in possession of another person for a stated purpose.

Easements can be either express or implied.

Express easements are created when one party explicitly agrees to allow another party to use their property for a specific purpose.

Implied easements are created when one party has the right to use another person's property for a specific purpose, even if they have not explicitly agreed to do so.

Easements can be created by contract, statute, or common law.

Easements are often used to provide access to one parcel of land over another.

An easement is an incorporeal hereditament which is essentially aninterest in land.

The easement must be capable of forming the subject matter of a grant.

There must be a dominant and servient tenement.

The easement must accommodate the dominant tenement.

The dominant and servient tenements must be owned or occupied bydifferent persons.

An easement is an enforceable right by or against successors in title to the parties who originally created it.

An easement is a right over another person's land.

You cannot have an easement over your own land.

The dominant and servient tenements must be owned or occupied by different persons.

The easement must be capable of forming the subjectmatter of a grant.

There must be a capable grantor and grantee.

The right must be sufficiently defined.

The right must be within the general nature of rights capable of existing as easements.

Common land is land, usually in private ownership, that has rights of common over it.

The Commons Act 2006 introduced new responsibilities for CommonsRegistration Authorities and stakeholders in updating and maintainingregisters of Common Land and Town and Village Greens.

Commons Registration Authorities (generally County and Unitary Councils) keep registers of land which is common land or a Townor Village Green, together with information about the rights of way exercisable over the registered land.