Q&As

Where a buyer purchases registered land which has no registered interests noted, but it later transpires that an interest (easement) exists which was failed to be registered on first registration (as required under section 27 of the Land Registration Act 2002), is the registration of the interest ex post facto prohibited, or can it be registered regardless of the fact that it was not raised on first registration?

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Published on LexisPSL on 08/12/2020

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

  • Where a buyer purchases registered land which has no registered interests noted, but it later transpires that an interest (easement) exists which was failed to be registered on first registration (as required under section 27 of the Land Registration Act 2002), is the registration of the interest ex post facto prohibited, or can it be registered regardless of the fact that it was not raised on first registration?

We have assumed that:

  1. the servient tenement was not registered when the easement was granted, and

  2. the easement is a legal easement, having been granted by deed

The first registration of the servient tenement, whether under the Land Registration Act 1925 (LRA 1925) or under the Land Registration Act 2002 (LRA 2002), will have been subject to existing legal easements binding the servient tenement, under LRA 1925, s 5(b), The Land Registration Rules 1925 (LRR 1925), SI 1925/1093, r 258, and LRA 2002, ss 11(4

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