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Introduction
Easements affecting leasehold estates are subject to the same rules as those relating to freehold estates. There are however two distinct differences.
- Easements granted in a lease come to an end when the lease expires, whereas with a freehold estate a specific act of extinguishment (eg. a deed) is required.
- With a lease in prescribed clauses format there is a statutory requirement to refer to the easements in a specific clause in the lease (LR11).
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With leasehold estates the need to register an easement and the method of protection depends on when the lease was granted. The general position is as follows:
Before 13 October 2003, the date the Land Registration Act 2002 (LRA 2002) came into force, if the lease that created the easements did not have to be registered, neither did the easements.
From 13 October 2003, easements in leases must be registered where they affect registered servient land, even where the lease is incapable of registration. Failure to register the easements means that they only take effect in equity.
| The next page looks at the position before 13 October 2003 in more detail. |
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