RESIDENTIAL

Easements & Covenants

Ownership of land comes with rights and responsibilities in respect of the land and neighbouring properties. These can be necessary to the use of the land in question, such as a right of way across a neighbouring property to the public highway.

Easements
Easements include rights of way and rights to enter an adjacent property to repair boundary walls. It is important that all necessary easements are in place to allow for the intended use of the property.

Easements can also affect the property being bought and it is necessary to check that these are not detrimental to the buyer's planned use of the property or affect the title to the property itself.

Covenants
Some covenants impose obligations on the buyer of the land, such as an obligation to fence a boundary. Sometimes they can be more onerous and Fletcher & Lawson can offer the right advice about the effect of such a covenant. Another type of covenant restricts the use of the property being sold. This could include a requirement that an original plot of land is only used for building one dwelling. It is important to ensure that such a covenant has not been breached. If this has happened, it is possible to seek retrospective consent to the breach or to take out an insurance policy to protect the new owners of the property.