Introduction

Charges (or mortgages) that affect part of a registered estate sometimes contain the grant or reservation of easements. The most common situation is the grant of easements over the part of the land that has not been charged.

Easements in charges of part, granted or reserved for the 'benefit' of the lender or borrower, are not registrable dispositions under s27 of the Land Registration Act 2002 and cannot be registered as appurtenant to a registered title. This is because they are only quasi-easements.

Quasi easements cannot be noted by way of a protecting notice (agreed or unilateral). However, a note of their existence will be made in the register of the charged part provided that a form AP1 has been lodged and where the land charged is registered under a separate title from the land not affected by the charge (r72 Land Registration Rules 2003). The entry will take the form of either a note to the charge or a separate entry, according to the circumstances.

The next page contains a summary of this chapter.