Q&As

If a freehold title is subject to a entry in the charges register that states 'The land is subject to such easements as affect the same by virtue of Section 15 (1) (b) of the Endowments and Glebe Measure 1976', what is the effect on the title and is indemnity insurance required?

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Published on LexisPSL on 01/06/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • If a freehold title is subject to a entry in the charges register that states 'The land is subject to such easements as affect the same by virtue of Section 15 (1) (b) of the Endowments and Glebe Measure 1976', what is the effect on the title and is indemnity insurance required?

If a freehold title is subject to a entry in the charges register that states 'The land is subject to such easements as affect the same by virtue of Section 15 (1) (b) of the Endowments and Glebe Measure 1976', what is the effect on the title and is indemnity insurance required?

Section 15(1)(b) of the Endowments and Glebe Measure 1976 (the Measure) vests land in the Diocesan Board subject to such easements as existed on the appointed day (1 April 1979). Section 15(2) of the Measure provides that the easements take effect as legal easements. We have not seen any suggestion within the statute that they apply to the property only for so long as the Diocesan Board is the owner. See Commentary: Transfer and management of glebe land: Halsbury’s Laws of England [916] for further information.

The risk is that there are some unknown easements which, if exercised, could affect the owner’s use and enjoyment of the land. Some buyers of the land might take a view, whereas others might want to make sure that their position is fully protected. The

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