Q&As

Land is being purchased (dominant tenement) which is accessed via a right of way contained in a 1961 conveyance that is registered as benefitting the title to the dominant tenement. However, the title of the land over which the access runs (servient tenement) does not refer to the right of way granted in the 1961 conveyance. It is believed the servient tenement was registered in 1995. Should we request that an application is made to note the right of way on the servient tenement title and what is the risk of not doing so?

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Published by a LexisNexis Property expert
Published on: 15 November 2021

This Q&A assumes that:

  1. •

    the right of way is a legal easement

  2. •

    the 1961 conveyance conveyed the dominant tenement (so that it did not trigger compulsory first registration of the servient tenement)

  3. •

    the dominant tenement was registered following the 1961 conveyance

  4. •

    the person who would make the application referred to is the current legal owner of the dominant tenement

Registration of an easement

Under the Land Registration Act 1925 (LRA 1925), the grant (or reservation) of an legal easement over unregistered land did not

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Jurisdiction(s):
United Kingdom
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Key definition:
Dominant definition
What does Dominant mean?

A dominant firm is one which is able to act largely independently of its competitors and customers in terms of pricing or output decisions. dominance has to be assessed within the context of an analysis of the degree of competition within a relevant market.

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