Welcome to the online consultation forum for the Law Commission's Tenth Programme of Law Reform.

Property Law

This discussion concerns the law as it relates to property, for example conveyancing and rights relating to real property. It also extends to such areas as intellectual property rights and trusts law. Participants have so far discussed the relationship between feudalism and land law (see archive thread).

Do you have a point relating to this area of law that you want to discuss? Feel free to comment below.

In formulating a suggestion please take into account the following criteria:

•Importance
•Suitability
•Resources

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EASEMENTS

Posted by Jeffrey Shaw on 06/03/2007 - 12:28

I previously posted (pre-2 March) on this subject. Simplification (how to create easement) is urgently needed, particularly because of the recondite 1832 Act procedures and the difficulty of registering at HMLR a newly-claimed easement. Moreover, haven't we all come across a former leasehold (benefitting from cross-easements) which an incautious conveyancer has merged into the reversion and thereby lost the appurtenant easements [unless newly re-created as freehold easements]?

Easements

Posted by Matthew Jolley on 08/03/2007 - 17:30

We are looking at easements, analogous rights and covenants as part of our 9th Programme of law reform. We will be examining the creation and extinguishment of easements in a consultation paper which we hope to publish before the end of this year. As you will appreciate, this is a large project and work will be carried into the 10th Programme.

Service Charges

Posted by dpr100 on 21/03/2007 - 23:48

I feel that service charges need to be more fully regulated. Some supposedly social landlords by allowing management companies to run their property portfolio are abdicating their responsibilities. The management companies seem to be able to charge what they like regardless of the ability of the tenants to pay. Here surely is a cause for effective legislation to regulate and temporise what is fast becoming a new form or 'rachmanism'. This flies in the face of natural justice and is unfair and difficult for many people to fight against.