Q&As

Where a freehold registered title enjoys the benefit of a right of way over third party land (connecting the registered title to the highway), and the benefit of that right of way is registered on the title, does the benefit of the right of way pass to a buyer of that title (under section 187 of the Law of Property Act 1925 (LPA 1925) or otherwise) even though the seller is excluding LPA 1925, s 62 from the transfer?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 27/06/2019

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a freehold registered title enjoys the benefit of a right of way over third party land (connecting the registered title to the highway), and the benefit of that right of way is registered on the title, does the benefit of the right of way pass to a buyer of that title (under section 187 of the Law of Property Act 1925 (LPA 1925) or otherwise) even though the seller is excluding LPA 1925, s 62 from the transfer?

A right of way is an easement and the express grant or reservation of an easement must be completed by registration—section 27(2)(d) of the Land Registration Act 2002. The benefit and the burden of the easement will be recorded on the titles respectively of the dominant and servient lands. Easements granted or reserved prior to 13 October 2003 are overriding interests, but easements granted thereafter are not.

Section 62 of the Law of Property Act 1925 (LPA 1925) provides that a conveyance of land is deemed to include and shall operate to convey with the land various things, including easements and rights which appertain or are reputed to appertain to the land or any part thereof unless a contrary intention is expressed in the conveyance, and has effect subject to the terms of the con

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