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Boundaries and Easements
Boundaries and Easements
7th Edition
Practice Area:  Land & Property
ISBN:  9780414071308
Published by:  Sweet & Maxwell
Publication Date:  16 May 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION
Now in its 7th edition, Boundaries and Easements has firmly established itself as a valuable resource when conducting an action involving a boundary dispute or easement claim. It looks at the practical issues of case preparation and procedural steps peculiar to this kind of litigation and considers the latest case law, enabling you to understand how the law now stands.

New to this edition:

  • Supreme Court decision in Regency Villas on easements, swimming pools and time shares and in Lynn Shellfish on prescriptive rights and water boundaries as well as judgments on construction of conveyances and express grants
  • Commentary on recent decisions on scope of jurisdiction of the tribunal to determine boundary disputes
  • Updated guidance on court and tribunal procedure
  • Reference to various law commission proposals that would impact on the subject matter; i.e. changes to the Land Registration Act 2002 and the proposed Property Law Bill
  • New cases on construction of grant, boundary agreements
  • Validity of boundary agreements and whether they amount to a transfer of land
  • Estoppel by convention and constructive trusts
  • 2018 Law Com.30 - Review of Land Registration Act 2002
  • Powers and Jurisdiction of First Tier Tribunal (Property Chamber)
  • Basis of Compensation in Party Wall Disputes
  • Extent of dominant tenement
  • Parking Rights
  • Extraction of Water

Key features:
  • Addresses the legal problems which may arise in boundary and easement cases
  • Offers guidance on some of the practical problems of case preparation, procedural steps and remedies peculiar to this kind of litigation
  • The only publication to cover both boundaries and easements in one volume
  • There is a high level of litigation in this field – this book provides commentary on the key cases
  • Focuses on the law as it is now, with little or no emphasis on history
  • Analysis starts with the latest leading case on its subjects – earlier cases are referred to where required to flesh out the principles set out in the latest case
  • Provides useful background on related topics, such as public rights of way, access to the countryside and customary rights
  • Split into clear parts: Boundaries, Easements and Remedies
  • Addresses the key legal issues the practitioner may encounter, such as:
    • Boundaries of registered land
    • Adverse possession
    • Proof and extent of highways
    • The interaction between the Party Wall etc. Act and the common law
    • The nature of an easement
    • Creations of easements
    • Compulsory purchase
    • Rights of way
    • Declarations
    • Injunctions
    • Damages
  • Practitioner-focussed
  • The author adopts plain-English approach

CONTENTS
Part 1: Boundaries
1. The Conveyance
2. Extrinsic Evidence
3. Rectification and Estoppel
4. Boundaries of Registered Land
5. Adverse Possession
6. Party Structures
7. Highways
8. Water Boundaries
9. Mines

Part 2: Easements
10. The Nature of an Easement
11. Easements and Other Rights
12. Creation of Easements – Express Grant
13. Creation of Easements – Implied Grant
14. Creation of Easements – By Statute
15. Creation of Easements – By Prescription
16. Equitable Easements
17. Termination of Easements
18. Rights of Way and Parking
19. Support
20. Light
21. Water Rights
22. Fencing
23. Profits À Prendre

Part 3: Remedies
24. Remedies

Part 4: Appendix 1 – Statutes

Part 5: Appendix 1 – Statutory Instruments

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