Breaches of covenants and easements disputes

The dispute resolution team has a wealth of experience dealing with breach of covenant and easement disputes. We act in both residential and commercial property disputes.

We have the specialist knowledge to guide you through your dispute from start to finish. Our experience in this area means we can provide you with advice on your position at a very early stage and set out a clear plan of action for you to achieve your desired outcome.

What is a covenant

Simply put a covenant is a promise made in a deed. Land is often subject to covenants which impacts its use in some way.

There are 2 types of covenants imposed on land, positive covenants, and restrictive/negative covenants. A positive covenant dictates that the party with the burden of the covenant must take positive steps to comply with the covenant, whereas a restrictive covenant dictates that the party must refrain from doing something.

The party who has the benefit of the covenant may sue the party who has the burden of the covenant in the event that it is breached. However as covenants often date back several decades problems can arise as to who has the burden or benefit of the covenant, meaning that enforcement of the covenant can become tricky.

Our team of Solicitors have a wealth of experience dealing with breach of covenant matters

What is an easement

An easement gives the right to one landowner to use land of another some way, or to prevent it from being used in a certain way. For example, a right of way or a right of light.

There are certain conditions which must be met before an easement can exist. Further, there are several ways in which an easement can be created. Easements can be created expressly by deed, they can be implied (on a sale of part) or they can arise through prescription if the claim can show long (at least 20 years) and continuous use. 

Various disputes can arise with regard to easement, such as is there an easement in existence, what rights does it confer, has the easement been extinguished.

How our Dispute Resolution team can help

Covenants and easements affecting your property can often have been created decades before you took ownership of the land. Accordingly, dealing with any issues yourself that arise from their existence can often be complicated, time consuming and ineffective. We as experts in the area are able to provide quick and cost-effective advice to deal with any dispute you may be having.

If you are seeking a solicitor to advise you in relation to a breach of covenant or easements dispute or would like to find out about our services more generally, please contact our Dispute Resolution team at TV Edwards Solicitors.