Leases granted on or after 13 October 2003 continued

Easements granted out of registered land are dispositions

The grant of an easement out of registered land is a registrable disposition (s27 LRA 2002), and the application to register the easement must be accompanied by a form DI (Disclosable Overriding Interests) revealing the existence of certain overriding interests that affect the estate (s71 LRA 2002).

This means that where the lease that created the easement cannot be registered but is capable of being noted and is out of the same title as the land affected by the easement, it must be revealed on a form DI. It will then be noted at the same time as the easement is registered.

Leases that cannot be registered

Where a lease granted on or after 13 October 2003 cannot be registered, any legal easements granted or reserved by the lease over registered land must still be registered (s27 LRA 2002). Form AP1 should be used. The use of a form AN1 or UN1 will not satisfy the registration requirements of s.27 and a note to this effect will be added to the register entry where an AN1 has been used.

The next page looks at leases that cannot be registered or noted.