The Effect of Easements on Disponees

Subscribe on YouTube

I help people navigate their law degrees

🎓 Simple and digestible information on studying law effectively.

🎬 One new video every week (I accept requests and reply to everything!)

📚 FREE courses, content, and other exciting giveaways.

Gareth Evans' personal youtube channel

The effect of easements on disponees

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.

Registered easements

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.

The Art of Getting a First in Law - ONLY £4.99

FOOL-PROOF methods of obtaining top grades

SECRETS your professors won't tell you and your peers don't know

INSIDER TIPS and tricks so you can spend less time studying and land the perfect job

We work really hard to provide you with incredible law notes for free...

The proceeds of this eBook helps us to run the site and keep the service FREE!

CONTENT

Overriding easements

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]).

*Exam tip*

See the topic notes on overriding interests.

Law Application Masterclass - ONLY £9.99

Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers.

✅ 60+ page eBook

✅ Research Methods, Success Secrets, Tips, Tricks, and more!

✅ Help keep Digestible Notes FREE

Course on the art of learning effectively, a reading masterclass