Q&As
Can easements in a lease with a term of less than seven years be registered at the Land Registry using a Form UN1 rather than Form AP1 or AN1? If so, would this meet the requirements for the easements to be legal?
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Published on: 20 September 2018
For the purposes of this Q&A, it is assumed that:
- •
the easements are granted over land registered land
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the lease is made by deed
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the lease is not a reversionary lease
If a lease is not made by deed, then the easements can only ever be equitable (sections 1 and 52 of the Law of Property Act 1925 (LPA 1925)). If the lease is a reversionary lease then it is in itself registerable (sections 4(1)(d) and 27(2)(b)(ii) of the Land Registration Act 2002 (LRA 2002)).
As a short-term lease of less than seven years is not registrable in its own right, it is all too easy for the tenant’s solicitor to overlook the registration of any rights granted in the lease, however an easement expressly granted:
- •
in a lease with a term of less
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Requirements definition
What does Requirements mean?
A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.
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