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Equitable easements arising by virtue of a contract to grant an easement are registerable as either estate contracts or equitable easements. [45] Where the servient tenement is registered, the registration of an equitable easement at the Land Registry can take place through mere notice or caution and will then bind purchasers.
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. [1] In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements.
Equitable easements can be created for physical encroachments where the court balances the hardships of the properties and determines an easement is warranted. When determining whether to award an equitable easement, courts utilize the “relative hardship” test. The test is based on the following three factors: 1. The defendant must be innocent.
The other important kinds of charge that had to be registered are restrictive covenants and equitable easements, [70] a right from the Family Law Act 1996 Part IV, [71] and an "estate contract" (i.e. either a future right to buy a property, or an option to buy). [72]
Real covenants and easements or equitable servitudes are similar [9] and in 1986, a symposium discussed whether the law of easements, equitable servitudes, and real covenants should be unified. [4] As time passes and the original promisee of the covenant is no longer involved in the land, enforcement may become lax. [10]
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
The other important kinds of charge that had to be registered are restrictive covenants and equitable easements, [15] a right from the Family Law Act 1996 Part IV, [16] and an "estate contract" (i.e. either a future right to buy a property, or an option to buy). [17]
Under the common law such restraints are void as against the public policy of allowing landowners to freely dispose of their property. Perhaps the ultimate restraint on alienation was the fee tail , a form of ownership which required that property be passed down in the same family from generation to generation, which has also been widely abolished.