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With a view to ease

By: Contributor(s): Series: Estates Gazette ; (0308) 22 February 2003, 125-126(2)Publication details: 2003Subject(s): Summary: Discusses the ways in which the Land Registration Act 2002 will simplify the rules on easements. One change will be to make easements more obvious on the register. After October 2003, most types of easements will also need to be registered otherwise they will not be legally effective or binding to a buyer of the burdened land. Prescriptive easements may need to be registered in order to be protected. The Act includes transitional provisions: existing easements over registered land are protected even if they have never been registered; implied legal easements arising over registered land will have a three-year grace period where they will still be binding to a buyer but, unless registered, they will not be binding to the next buyer. Concludes that, although the transitional provisions are not always clear, the best course of action is to register easements as failure to do so could mean the loss of the right to an easement.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66401 (Browse shelf(Opens below)) 1 Available 121436-1001

Discusses the ways in which the Land Registration Act 2002 will simplify the rules on easements. One change will be to make easements more obvious on the register. After October 2003, most types of easements will also need to be registered otherwise they will not be legally effective or binding to a buyer of the burdened land. Prescriptive easements may need to be registered in order to be protected. The Act includes transitional provisions: existing easements over registered land are protected even if they have never been registered; implied legal easements arising over registered land will have a three-year grace period where they will still be binding to a buyer but, unless registered, they will not be binding to the next buyer. Concludes that, although the transitional provisions are not always clear, the best course of action is to register easements as failure to do so could mean the loss of the right to an easement.