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ARTICLE · 16 OCTOBER 2011

Rural Update - Autumn 2011

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A new Law of Property Act has been published in draft which aims to modernise the law on easements and covenants. The most radical change will be the abolition of restrictive and other land covenants, which will be replaced by a new land obligation. Landowners will not be able to enforce land obligations unless they can prove that they own land near to the property which is subject to the obligation.

United KingdomReal Estate and Construction
Stephen Cooke
Stephen Cooke
Claire Harris
Claire Harris
Bertie Hoskyns-Abrahall
Bertie Hoskyns-Abrahall
Edward Jarron
Edward Jarron
Patricia Milner
Patricia Milner
Matthew Woods
Matthew Woods
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NEWS IN BRIEF

  • A new Law of Property Act has been published in draft which aims to modernise the law on easements and covenants. The most radical change will be the abolition of restrictive and other land covenants, which will be replaced by a new land obligation. Landowners will not be able to enforce land obligations unless they can prove that they own land near to the property which is subject to the obligation. The new law should also make it easier to claim contributions to the cost of complying with obligations, such as the maintenance of accessways.
  • Mineral royalties relief - a reminder that the Office of Tax Simplification intends to abolish this relief from 6 April 2013. This will mean mineral royalties will be subject to income tax alone rather than both income and capital gains tax. The consultation period ended on 31 August 2011.

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