This chapter relates only to easements created by express grant or reservation. For other methods of acquisition see Land Registry Practice Guide 62 - Easements.

Leases granted before 13 October 2003

If a lease was incapable of registration under the LRA 1925, any legal easements in the lease did not have to be registered.

• If the servient land was unregistered at the time of the grant, the legal easements are binding and override first registration of the servient land (Schedule 1, paragraph 3 LRA 2002).  
• If the servient land was registered at the time of the grant, the legal easements took effect as overriding interests (s70 LRA 1925) and remain overriding under the LRA 2002 (Schedule 3, paragraph 3).

The protection of equitable easements lay with the registration of a Class D(iii) land charge where the servient land was unregistered, or by entry of a notice where it was registered.

The disposition of a previously unregistrable lease, on or after 13 October 2003, will invoke compulsory registration if the term of the lease has more than seven years left to run at the time of the disposition. In this case Land Registry will investigate the easements in the lease as part of the first registration application and note the burden without a separate application.

The next page looks at leases granted on or after 13 October 2003.