75. Easements as overriding interests in registered land.

Legal easements existing at the date of first registration are overriding interests to which the land is subject1. Under the Land Registration Act 1925, equitable easements could take effect as overriding interests2. Under the Land Registration Act 2002, only legal easements can be overriding interests. Expressly granted easements, whether legal or equitable, will be entered on the register on first registration3.

Any easement which was an overriding interest immediately before the coming into force of the Land Registration Act 2002 retains its overriding status4.

Easements expressly granted on or after 13 October 2003 must be completed by registration to operate at