The following Property Q&A Produced in partnership with Howard Smith of Radcliffe Chambers provides comprehensive and up to date legal information covering:
In answering this Q&A, the following assumptions are made:
the servient tenement was not registered when the easement was granted by deed in 1920
the easement is a legal easement, having been granted by deed
The first registration of the servient tenement, whether under the Land Registration Act 1925 (LRA 1925) or under the Land Registration Act 2002 (LRA 2002), will have been subject to existing legal easements binding the servient tenement, under LRA 1925, s 5(b), Rule 258 of the Land Registration Rules 1925 (LRR 1925), SI 1925/1093 (SI 1925/1093, r 258), LRA 2002, ss 11(4), 12(4), Sch 1, para 3.
Under the LRA 1925, legal easements were overriding interests, see LRA 1925, s 70(1)(a) and LRR 1925, SI 1925/1093, r 258. Therefore any dispositions of the servient tenement’s registered title prior to 13 October 2003 (when the LRA 2002 came into
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