Q&As

Will an easement constitute an overriding interest where there have been subsequent transfers of title?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 09/03/2017

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:

  • Will an easement constitute an overriding interest where there have been subsequent transfers of title?
  • Case Study
  • Overriding interest

Case Study

A title has the benefit of easements—not limited in time—granted in a conveyance. At the time of the conveyance the servient land was unregistered. Subsequently, under two further deeds, one of the easements was released in part and further rights granted. Since the conveyance, the servient land was sold off and split into several titles.

Neither the conveyance, nor the two deeds, are referred to on one of these titles which was created in 2004—it appears it was an oversight on first registration. What is the status of the easements—are they overriding interests?

Overriding interest

An overriding interest is an interest to which land is subject, even though that interest does not appear on the registered title. Such interests bind both the registered proprietor and any per

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