UK Perpetuity Rule

This is a discussion on UK Perpetuity Rule within the Neighbor Law forum, part of the Other Real Estate Law Matters category; I wish a neighbour to allow me to excavate within a fixed radius of a well (spring) if it dries ...

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Old May 26th, 2008, 05:48 AM   #1
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Default UK Perpetuity Rule

I wish a neighbour to allow me to excavate within a fixed radius of a well (spring) if it dries up. The neighbour suggests the Easement or Right be for 80 years, I am convincing them it be for ever.
Which clause would be correct in UK Law to avoid uncertainty of not specifying (perpetuity rule)?

Grant in perpetuity...
Grant in fee simple...
Grant for ever...

I wish to ensure that it cannot be defeated because of not being clear.

If any of the above are actually stupid or meaningless please say.
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Old May 28th, 2008, 04:26 PM   #2
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Default Re: UK Perpetuity Rule

I would not take advice from an open forum on the exact drafting language needed for a rights grant like that. Even if it is correct you need to have local counsel review and opine for you. The cost should be nominal.
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Old Jun 4th, 2008, 01:58 PM   #3
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Default Re: UK Perpetuity Rule

Thank you for that warning, I will heed it.
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