Easements, restrictions and positive covenants
Easements
An easement is a right applying over land. An easement enables a parcel of land to have the use of other land that may be in different ownership for a specific non-exclusive purpose.
Restrictions on the use of land
A restriction on the use of land is a condition on the land owner not to use the land for a specified purpose or in a specified manner.
A restriction on use must be negative (restrictive) in nature and may not impose a duty to do any positive act. A restriction may be created by agreement between two or more parties by a dealing (e.g. Restriction on the Use of Land) or by the registration of a plan. The benefit of the restriction may be adjoining land, nearby land or a prescribed authority.
Positive Covenant
A public positive covenant is a positive obligation imposed by, or for the benefit of a prescribed authority requiring the maintenance and/or repair of land e.g. to maintain a building and its foundations, to ensure the safe working of a railway passing below it, or to erect a habitable dwelling upon the land within a specified period of time. The positive covenant must be in terms that directly require the owner of the land to take positive action.
A positive covenant for maintenance and repair of easement site may be created by parties to a registered easement to maintain and/or repair the easement site.
The following form must be used to request Council to endorse an easement, restriction on the use of land or positive covenant.
Further information relating to easements, restrictions and positive covenants is available from Land Registry Services.