Leasehold management

law of implication

on the grant of a new lease, new easements that benefit the demised property and burden landlord may be created without an express grant but by common intention of parties, necessity or operation of s62 LPA 1925

standard leases - new easement

prevent creation of new easement by implication/s62 which would benefit demised property and burden landlord’s retained land

new rights over land owned by the landlord

express grant should be made - rights to pass over corridors, stairs, communal toilets, estate roads, park in designated spaces

preventing passing of existing easements or other appurtenant rights

possible to include provisions in lease

registration of easements

easements expressly granted in a lease after 13 October 2003 must be completed by registration in the case of a registered estate, if not will only take effect in equity

an exception

something that exists and is part of the thing granted, but which is excluded from the grant

a reservation

something that is not in existence at the date of the grant but which arises out of the demise

common exceptions and reservations

reserve a right to light

reserve rights of support and protection

reserve to correspond to rights granted

reserve a right of entry to the property

full repairing lease

tenant has full responsibility for the repair of the whole property and will usually bear the cost of those repairs

covenant to keep the premises in repair

includes an obligation to put the property into repair if it is in disrepair at the start of the lease

covenant requiring tenant to keep the property in good repair and condition

more onerous than just good repair alone

covenant to keep property in good condition

can require works to be carried out even if there is no disrepair