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Charities which own or lease land will be interested in the proposals to simplify the law relating to property in the Queens Speech of 18 May 2016.
One of the most complex areas of property law relates to rights and restrictions on land known as “easements” or “covenants”. Examples include a right of way over your neighbour’s land or a covenant restricting the use of your land.
The law is a confusing patchwork of case law, statute and common law. It can test the knowledge of the most experienced of property lawyers.
With this in mind the Law Commission published in 2011 a report entitled “Making Land Work: Easements, Covenants and Profits a Prendre”. In it the Commission proposed modernisation. Amongst areas it singled out for reform are:
The Law Commission’s report contains a draft bill to modernise and simplify the law in relation to the three items above and other areas. In the Queen’s Speech on 18th May 2016 the government announced its intention to implement the report, which will be interesting for all charities which have property interests.
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