⇒ The Land Registration Act 2002, section 28, establishes that all pre-existing rights in rem bind a disponee of land.
⇒ The Land Registration Act 2002, section 29 establishes that pre-existing rights in rem bind a disponee of land if (i) registered; or (ii) overriding under schedule 3.
⇒ In the ordinary course of things the Land Registration Act 2002, section 29, is engaged such that an easement will bind only if registered or overriding.
⇒ All easements may be registered against the estate in land they burden.
⇒ If registered, an easement will bind the section 29 disponee of land by virtue of its registration (Land Registration Act 2002, section 29(2)(a)(i)).
⇒ An expressly granted legal easement is necessarily registered (Land Registration Act 2002, section 27(2)(d)).
⇒ An implied legal easement can (Land Registration Act 2002, section 32), but need not be (Land Registration Act 2002, section 27(2)(d)), registered.
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⇒ An unregistered easement will bind the section 29 disponee of land if it overrides under schedule 3.
⇒ Legal easements override under schedule 3 paragraph 3 if at the time of disposition (i) the disponee knows of the easement; or (ii) the easement would have been obvious on a reasonably careful inspection of the land; or (iii) the easement has been exercised in the past year.
⇒ Expressly granted legal easements are necessarily registered; the traffic down schedule 3 paragraph 3 is therefore limited to unregistered, implied legal easements.
⇒ Easements not falling within paragraph 3 can theoretically fall under the general paragraph 2, but will in practice fail to do so (Chaudhary v Yavuz [2011]).
⇒ See the topic notes on overriding interests.
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