STEP 4: whether the easement is enforceable where the servient land has been sold? - Registered
3 important questions on STEP 4: whether the easement is enforceable where the servient land has been sold? - Registered
Explain how a legal and expressly acquired easement is registered under LRA 2002? Which relevant section applies?
An expressly created legal easement is a registrable disposition under (s.27 LRA 2002) and must be completed by registration to take full effect.
Can an equitable easement that fails to satisfy (s.1(2)(a) LPA 1925), i.e. uncertain duration) be registered?
For an easement to be registered is must first fall within s.1(2)(a) LPA 1925. And equitable easement of an uncertain duration does not qualify. This prevents the easement from being registered and will ultimately be void.
How must an estate contract (equity recognises an easement as an estate contract) be registered in order for it to take full effect and bind the purcahser?
- Protected by a notice on the charges register (s.32 LRA 2002)
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