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McMorland and Easements, Covenants and Licences, 2nd edition

McMorland and Easements, Covenants and Licences, 2nd edition

  • Author:
  • Publisher: LexisNexis New Zealand
  • ISBN: 9781927183694
  • Published In: October 2013
  • Format: Paperback
  • Jurisdiction: New Zealand ? Disclaimer:
    Countri(es) stated herein are used as reference only
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McMorland on Easements, Covenants and Licences, 2nd edition is an authoritative work covering the law relating to these specific, yet related, areas of law. This book will provide the busy practitioner with up-to-date, clear and practical guidance on the law relating to easements, covenants and licences and the issues which can arise from these rights.

The content for this book is taken from the popular Hinde, McMorland and Sim, Land Law in New Zealand (looseleaf) and it provides in-depth and comprehensive analysis and commentary on all topics. The book also comes with a CD containing precedents of value regarding the drafting of relevant instruments. The content for the CD is drawn from New Zealand Forms and Precedents.

Part 1: Easements and profits a prendre

1. Nature and classification of easements

2. Creation of easements

3. General principles applicable to easements

4. Types of easements

5. Implied rights and powers

6. Statutory easements and rights analogous to easements

7. Profits a prendre

8. Disturbance of easements and profits

9. Variation of easements and profits

10. Extinguishment of easements and profits

Part 2: Covenants affecting freehold land

11. Introduction

12. At common law

13. In equity: Covenants created before 1 January 1987

14. Statutory covenants: covenants created on or after 1 January 1987

15. Modification or extinguishment of covenants

16. Positive covenants in gross

17. Remedies

Part 3: Licences

18. Nature and types of licences

19. Enforceability of licences by third parties

20. Determination of licences

CD contents

Easement instrument

Rights of way

Water and drainage

Services

Encroachment

Support and party wall rights

Light and air

Extinguishment of easements

Covenants

Landonline forms

Dr McMorland is a barrister currently practicing in Auckland. He has over 30 years experience both teaching and working in the area of land law and has published extensively in this area, including as co-author of Hinde McMorland and Sim Land Law in New Zealand and as editor of Butterworths Conveyancing Bulletin.

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