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Road Adoption, Planning Obligations & Easements

Solicitors in Essex & London

Our land development solicitors in Essex and London have a wealth of experience when it comes to more complex legal matters and can assist you with all the necessary agreements in relation to development and planning, including road adoption agreements, planning obligations and easements.

Section 38 Agreements (Road Adoption)

These agreements relate to the adoption by the local authority of roads in a development. They are usually negotiated with the local authority and require that the roads are made up to a particular standard as a prerequisite.

If adopted, the roads become maintainable at public expense - providing that certain criteria are met. This can prove to be important to buyers of residential property on a new development who may otherwise have to contribute to and be responsible for the maintenance of the roadways on the development.

Our land development solicitors are well versed in dealing with submissions of Section 38 agreements and can advise further.

Section 106 Agreements and Unilateral Undertakings (Planning Obligation)

Also referred to as a planning obligation, a Section 106 agreement is a document which is usually entered into between a developer (or someone with an interest in the land) and the local planning authority. Certain conditions are then set which must be met in relation to the proposed development. This type of agreement is usually a prerequisite to planning being granted.

Our land development legal team have many years of experience in dealing with planning obligations and are able to assist in ensuring that these agreements are legally sound.


An easement is a legal term to describe the rights relating to a property, such as a right of way and/or access. There are a number of rights which need to be considered in land and development transactions to ensure that the property has the necessary rights, but also that the appropriate rights are reserved in favour of the neighbouring plots – extremely important in a development project. It is essential to ensure that the development works “in practice” and that each of the buyers of the plots has all of the rights they require to make the most of their properties.

Our land development lawyers in Essex and London have dealt with many cases relating to easements and can offer expert legal advice.

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Find out more about our Land Development services

If you require further legal advice relating to road adoption, planning obligations or easements, please feel free to contact any of our land development solicitors directly. We operate out of five offices across Essex and London, or, if more convenient, we are happy to meet you onsite at your own premises.

Due to the recent Coronavirus (COVID-19) outbreak we are currently offering appointments by telephone and some video calling services. Our offices are also open with comprehensive safety measures in place.

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