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The Law Commission is recommending reforms that will simplify and clarify the laws that govern relationships between neighbouring plots of land.  The Commission’s proposals will make it easier for the people who develop, mortgage, sell and buy land to identify and manage the rights and responsibilities that attach to it.

The report focuses on three areas of land law:

• Easements: rights for one landowner to make use of another’s land, for example a right of way over a neighbour’s drive.
• Profits à prendre: rights to take something from someone else’s land, for example, the right to take minerals from a neighbour’s land.
• Freehold covenants: obligations relating to the use of land, for example an obligation not to use land for business use, or to maintain a driveway.

The Commission is recommending:

• simplification of the law relating to the acquisition of easements by prescription (long use of another’s land) and implication (where an easement is created by the circumstances surrounding a disposal of land);
• introducing “land obligations” to replace restrictive covenants for the future; making it possible to enforce positive obligations (agreements to do something such as maintain a fence) as well as negative obligations (agreements not to do something) against successors in title;
• reforms to streamline the disposal of freehold units from multi-unit developments; and
• extending the jurisdiction of the Lands Chamber of the Upper Tribunal to cover  easements, profits and land obligations created after reform.
  

Professor Elizabeth Cooke, the Law Commissioner leading the project, said:

“Easements, profits and covenants are ancient rights.  They can be fundamental to how we enjoy and use our land, whether we are private homeowners, landlords or large-scale developers.  Their effective creation, operation and termination is crucial to the successful use and development of land whether for housing or otherwise.

“By making the law more accessible and easier to operate, our recommended reforms will bring significant benefits to everyone involved in creating, modifying and extinguishing these rights. They will make clear what rights and obligations affect land and will reduce the need for litigation.”

The Commission’s report, “Making Land Work: Easements, Covenants and Profits à Prendre”, and a summary are published today on www.lawcom.gov.uk.

Notes for Editors

The Law Commission is a non-political independent body, set up by Parliament in 1965 to keep all the law of England and Wales under review, and to recommend reform where it is needed.

"Making Land Work: Easements, Covenants and Profits a Prendre" focuses on the general law of easements, profits and freehold covenants.  It does not consider public law rights such as public rights of way or specific rights such as rights to light.

Further details are available on the project page.

For all press queries please contact:

Phil Hodgson, Head of External Relations 020 3334 0230
Jackie Samuel 020 3334 0216
Email:  communications@lawcommission.gsi.gov.uk