Consultation 11.08

11.08 Easements and Profits a Prendre Consultation Paper

The Law Commission is seeking views on its provisional proposals following a substantial review of the Law relating to Easements and Profits a Prendre.

It concerns an area of law that has wide practical implications for neighbours and communities. The law Commission undertook a comprehensive review of the law of easements, considering their characteristics, how they are created and extinguished, and then making the recommended proposals contained in the above paper.

The Law Commission also reviewed the following;

  • Law of freehold covenants (proposing their replacement by a new legal interest known as the Land Obligation); and
  • The statutory jurisdiction of the Land Tribunal to discharge and modify restrictive covenants and proposed its expansion to include easements, profits a prendre and new Land Obligations.

The Law Commission is promoting as a wide a consultation as possible.

We would be grateful for the view of members. The consultation period lasts for three months, and ends on 30 June 2008. An electronic copy of the consultation paper is available on the following Law Commission Website:

If you would like to add your views on this paper please email [email protected]

To view the response to this paper, click here.