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Easements: developing estates Contents
 

Chapters

Introduction

What is an easement?
Acquisition of easements
Overriding interests

Protection of easements
First registration
Leasehold estates
Easements in charges
Developing estates
Licences
Extinguishment

 

New house being built

Introduction

The term 'developing estates' here means both domestic housing estates or industrial estates. Reference to 'plots' means both houses and industrial units.

Easements affecting land in developing estates are no different to any other kind of easements; the requirement to register and prove title to the grant is the same as for any other land.

Preliminary action
  • The estate layout plan should be sent to Land Registry for approval at the earliest opportunity. This free service will enable the extent of the plots to be identified and a check made that all easements (such as those over the estate roads) fall within the developer's title. If not the matter will be raised with the developer so that it can be corrected, where possible, early in the registration process.
  • A draft transfer or lease should also be lodged with Land Registry for approval to make sure, amongst other things, that the easements granted and reserved for each plot dovetail.
  • Transfers, leases or deeds of grant relating to electricity sub-station sites, gas governors, water pumping stations or telecommunication sites should be registered as soon as possible, and preferably before the first plot sale. This will ensure that notice of the rights granted to the utility companies is entered in the register before the plot sales are lodged for registration.
The next page looks at the wording and layout of the transfer or lease.
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Visit www.landregistry.gov.uk for more details.

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Crown copyright 2007