Checklist for the creation and registration of easements

Copyright © 2025 LexisNexis
Published by a LexisNexis Property expert
Checklists

Checklist for the creation and registration of easements

Copyright © 2025 LexisNexis

Published by a LexisNexis Property expert

Checklists
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This Checklist looks at how easements are created and how they must or may be registered at HM Land Registry. It includes the following key sections:

  1. •

    Is there an easement?

  2. •

    Is it capable of being a legal easement?

  3. •

    Has the easement been created by express grant?

  4. •

    Is the easement an express grant contained in a deed of grant or transfer?

  5. •

    Is the easement contained in a lease?

  6. •

    Has the easement been created by implied grant?

  7. •

    Has the easement been created by presumed grant?

  8. •

    Is the easement an equitable easement?

  9. •

    Is the easement an overriding interest?

  10. •

    Rights other than easements

An application to HM Land Registry for registration of an easement may need to be accompanied by evidence of third party consents or of compliance with a restriction on title. These are not dealt with in detail in this Checklist; see Practice Notes: Mortgages and land—dealings with land subject to a mortgage or legal charge and Land registration—restrictions on title under the Land Registration Act 2002.

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United Kingdom
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Checklist for the creation and registration of easements

Checklist for the creation and registration of easementsThis Checklist looks at how easements are created and how they must or may be registered at HM Land Registry. It includes the following key sections:•Is there an easement?•Is it capable of being a legal easement?•Has the easement been created