Property

Easements and Profits a Prendre

As with all forms of real estate law, Landmark provides expertise in all aspects of the law relating to easements and profits à prendre, both freehold and leasehold. See our separate page on rights of light here. We also have experience and expertise in the related area of mines and minerals. 

Overview

Our experience and expertise extends to all aspects of the law of easements and profits à prendre and includes all forms of dispute resolution, dispute avoidance and advisory work in this area. We act for a wide range of parties from private individuals engaged in rights of way disputes to the largest property developers or owner-occupiers.

Landmark provides strength in depth on all aspects of the law relating to easements and profits à prendre, including: the acquisition of easements by grant, prescription and under the Law of Property Act 1925; the registration of easements and profits; the interaction between easements, profits and land held for public purposes; the enforcement of easements and profits, including the restraint of interference with easements and profits; the restraint of excessive use of easements and profits; and the abandonment of easements and profits.  Landmark also offers niche expertise in the associated customary rights for verderers and in respect of statutory and customary markets.

In the related area of mines and minerals, we are involved in all aspects of mining and minerals extraction, from the construction of rights and reservations to extract minerals, claims for rents or overage based upon mineral extraction, mine ownership disputes, claims arising from trespass to mineral titles, including the calculation of release fee damages, and claims arising from subsidence. We act for institutions with significant mineral ownership, mineral extraction companies and those affected by subsurface titles.

Landmark’s barristers have been involved in many high-profile cases in this area including:

  • TW Logistics Ltd v Essex County Council [2018] EWCA Civ 2172
  • Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57
  • Lynn Shellfish v Loose [2016] UKSC 14
  • Manchester Ship Canal Co Ltd v United Utilities Water Ltd [2022] 11 WLUK 672
  • Dickinson v Cassillas [2017] EWCA Civ 1254
  • Pall Mall 3 Ltd v Network Rail & Anor [2021] EWHC 1835
  • Starham Ltd v Greene King Pubs Ltd [2017] 9 WLUK 422
  • Barton v Church Commissioners for England [2008] EWHC 3091.

Practice Managers

Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.

Mark Ball

Practice Director

020 7421 1308

Mark Ball new

Harry Feldman

Practice Manager

020 7421 2485

Harry Feldman

Connor McGilly

Practice Manager

020 7421 1304

Connor Mc Gilly new

Ruby Sims

Assistant Practice Manager

020 7421 1337

Ruby Sims new

Richard Bolton

Senior Practice Manager

020 7421 1392

Richard Bolton new

Mia Goodwin

Assistant Practice Manager

020 7421 1344

Mia Goodwin

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