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Protecting the castle

12 June 2015
Issue: 7656 / Categories: Features , Property
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Could conservation wishes change property law, asks Brie Stevens-Hoare QC

We say “an Englishman’s home is his castle” demonstrating our strong connection to land we own. We resist interference with our control over our own property. This was exemplified recently by the painting of candy stripes on a multi-million pound Kensington property. However, at the same time, we enjoy the few wide open spaces we have and some of the best architectural and/or historic buildings in the world. The need to preserve our physical heritage, the land and the buildings, is probably better understood now than it has ever been in the past.

Perpetual obligations

One way to protect what we value is to impose obligations on land that run with the land and therefore long into the future, through numerous generations. However, English law has long been resistant to the imposition of perpetual obligations on land. The law imposes strict pre-conditions that determine whether a covenant will run with the land to bind the covenantor’s successors in title and who can enforce the covenant. The

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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