Easements & Restrictive Covenants - An Update [2021]

Webinar Details

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Peta Dollar

CPD Hours: 1


From our LAW2021 Online Residential Property Autumn package this 1 hour webinar presented by Peta Dollar, LL.B (Hons), Non-Practicing Solicitor, Freelance lecturer, trainer and writer will be about the number of important cases recently relating to rights of way, rights of light and restrictive covenants.

This session will highlight some of the trickiest areas whilst drawing lessons from the cases, including:

  • Rights of way – can you use them for after-acquired land? Can you park on a right of way? Can you install gates? Can a right of way be moved unilaterally? What happens if the use of the land using the right of way changes?
  • Rights of light – when will an injunction be granted, stopping interference with rights of light?
  • Restrictive covenants – who has to consent to works? Do they have to act reasonably? What should you do if a neighbour wants you to release your covenant? When will the Lands Tribunal modify a covenant?
  • Lessons from the cases, including Alexander Devine, Re Tate, Gore v Naheed, Churston v Haddock, Taurusbuild v McQue, Poste Hotels v Cousins