Q&As

For the benefit of a legal easement to take effect, does this need to be registered against the title to the dominant land?

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Published by a LexisNexis Property expert
Published on: 23 September 2024
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Whether a legal easement requires registration at HM Land Registry in order to take effect in law depends on how the easement is created and the registration status of the dominant and servient tenements.

The only easements which can exist or be created in law are easements for an interest equivalent to an estate in fee simple in possession or for a term of years absolute (section 1(2)(a) of the Law of Property Act 1925 (LPA 1925)). Legal easements include easements created by express grant (for example, an easement granted in a deed of easement, transfer or lease), implied grant (such as an easement of necessity) or presumed grant (also known as prescription).

Expressly granted easements

We assume that this scenario relates to an easement expressly granted by deed over a registered servient tenement for the benefit of a registered dominant tenement. Section 27(2)(d) of the Land Registration Act 2002 (LRA 2002) provides that, with effect from 13 October

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