Q&As

Do you have any procedural guidance and/or template claim forms/particulars in connection with a claim for a declaration that an easement exists?

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Published by a LexisNexis Property expert
Published on: 13 September 2016
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The Land Registration Act 2002 (LRA 2002) made major changes to the ways in which easements over registered land are created and protected. If an easement over registered land created since 13 October 2003 (when LRA 2002 came into force) is not protected by entry of a notice then, generally, a buyer of the servient land will not be bound by it. See overview: Easements—overview for further detail.

Under LRA 2002, a legal easement can be created only by using prescribed HM Land Registry

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