Navigating obstacles to development: trespassers, easements and covenants

Join three barristers from Landmark Chambers to discuss frequent legal impediments to developments.

Tom Weekes KC, whose recent cases include Bath Rugby Ltd v Greenwood [2021] EWCA Civ 1927 (annexation of the benefit of covenants) and Fearn v Tate Board of Trustees [2020] Ch 621 (scope of common law nuisance), will consider when a development will fall foul of a “nuisance and annoyance covenant”.

Toby Watkin KC, whose recent cases include Starham Ltd v Greene King Pubs Ltd [2017] 9 WLUK 422 (when an “easement” is, in fact, a licence) and the Supreme Court decision in Regency Villas v Diamond Resorts [2019] AC 553 (exploring the outer reaches of easements), will discuss traps arising from “invisible” easements not created by grant (and some ways around them).

Finally, Brooke Lyne (whose recent cases include several High Court applications to prevent “urban explorers” trespassing on high-rise buildings and construction sites) will speak about the availability of the injunctive relief against trespassers when the claimant does not own the land.

BOOKING: Open to all PLA members and their colleagues.