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Easements and restrictive covenants can be used to assert rights or place restrictions on property or land. Anyone buying, using or developing a property must make sure they are aware of any easements or covenants in place and their implications. Failure to do so can lead to a host of problems, including the potential for legal action and financial claims.
At Glanvilles, our Commercial Property team are experts in easements and covenants. With many years of experience to draw upon, we can make sure any easements or covenants are quickly identified and their terms fully understood.
Whatever your plans or requirements for a property, we can work closely with you to make sure any easements or covenants do not get in the way. If you are selling commercial property, we can also advise on situations where creating an easement or covenant may be appropriate.
Our experts can assist with matters including:
We offer a modern, accessible service designed to deliver the legal expertise you need in the most convenient way possible. Whether you prefer to call, email, video conference or visit us at our legal offices, we will do our best to accommodate you.
For expert help with easements and covenants, please contact your local Glanvilles team in Chichester, Fareham, Havant or Petworth.
Alternatively, you can fill in our simple online enquiry form for a prompt response.
When buying commercial property, it is essential to thoroughly check for any restrictive covenants or easements on the land. You can check for a covenant or easement on land with the Land Registry, but this is not necessarily foolproof.
Our experts in covenant and easement land law can assist with searching the Land Registry for covenants and easements, as well as carrying out additional searches and checks to ensure that nothing has been missed.
If an easement or covenant affects a piece of land or property you own or are planning to buy, you need to ensure you fully understand the terms and how they may affect your plans.
Our team can advise on what rights and obligations an easement or covenant involves and whether this will impact you. We can provide specialist support with issues, including planning.
Where you wish to create an easement or restrictive covenant, we can support you in doing so. We will make sure that the terms match your needs and can also assist with related issues, such as the registration of land.
Where you have been accused of breaching a restrictive covenant or believe someone else has breached a covenant from which you benefit, then it is important to seek expert legal advice at an early stage.
Our experts in commercial property disputes can help you to find the best way forward for your interests. In many cases, these matters can be resolved amicably through negotiation or alternative dispute resolution, but if court action is required, we have the necessary skills to represent you.
In some cases, it may be desirable to remove an easement or restrictive covenant. While this is not always possible, it can often be achieved by negotiating with any party or parties that benefit from the easement or covenant. In other situations, it may be possible to apply to a court to have an easement or covenant extinguished.
Our Commercial Property team are highly skilled negotiators, so we can give you the best chance of agreeing the removal of an easement or covenant with the benefiting parties.
Where this is not possible, our Dispute Resolution Team can advise on whether applying to a court is a suitable option and, if it is, support you through proceedings.
An easement is a right being granted to a landowner with respect to a nearby piece of land, e.g. a right of way to cross a neighbour’s land. They are often granted by a deed but can also be granted or acquired in other ways.
A property covenant is a legal obligation placed on the owner of a property or piece of land. They are normally, but not always, recorded on the property title.
Yes, an easement should normally be recorded with the Land Registry on the charges register for the land over which the easement has been granted.
Some of the most common types of easements on land are:
A covenant is effectively a contract between two landowners that benefits one and places restrictions on the other. You could view this as the benefiting landowner ‘owning’ the covenant, but this does not really make sense in legal terms.
If the landowner who is restricted by the covenant wishes to end it, however, it will be the benefiting landowner that they need to agree this with. If the benefiting landowner is open to ending the covenant, they will typically expect a financial payment or some other benefit in return.
A restrictive covenant can potentially affect the value of a property, but it will depend on the terms of the covenant and whether this restricts the use to which the land can be put.
Restrictive covenants on property last indefinitely unless they are removed.
Glanvilles’ commercial property solicitors have many years of experience advising on easements and property covenants for businesses, investors and various organisations throughout Hampshire, West Sussex and across South East England.
Situations involving restrictive covenants and easements are often complicated and can have very significant commercial implications. Our team understand this, offering the mix of legal expertise and business acumen needed to secure the very best outcome for your situation and goals.
We are transparent about our pricing, so you can make an informed decision about the value we offer. During your initial consultation with our team, we will discuss the likely costs of dealing with your matter and then provide a clear breakdown of our fee structure so you know the costs involved from the outset.
When you use our commercial property law service, we promise:
For expert help with easements and covenants, please contact your local Glanvilles team in Chichester, Fareham, Havant or Petworth.
Alternatively, you can fill in our simple online enquiry form for a prompt response.
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