Leases granted on or after 13 October 2003

Legal easements created on or after 13 October 2003 must be registered to take effect in law (s27 LRA 2002). This does not include easements granted as a result of the operation of s62 LPA 1925.

Registration is required even where the lease itself cannot be registered. Failure to register means that the legal easements only take effect in equity.

Equitable easements must still be protected by a Class D(iii) land charge where the servient land is unregistered, or by an agreed or unilateral notice (using form AN1 or UN1) where it is registered.

Registrable leases

• With a first registration, easements in the lease will be investigated by Land Registry and noted automatically against any registered servient land. An application to register the benefit on another title must be made using a form AP1.
• With a lease that is a disposition of a registered estate, Land Registry will register legal easements affecting the landlord’s immediate reversionary title automatically at the same time as the lease is registered. Equitable easements will also be noted.
• Where a separate application is required, a form AP1 must be used. The use of a form AN1 (agreed notice) or UN1 (unilateral notice) will not satisfy the registration requirements of s27 (see r.90 LRR 2003) and where an application is made in form AN1, a note will be added to the register entry to that effect.
• Where the servient land is unregistered a legal easement will bind a subsequent purchaser and will override on first registration of that land (Schedule 1, paragraph 3 of the LRA 2002). However, the dominant owner can apply for a caution against first registration of the servient land (using form CT1) to obtain notice of its registration so that the right can then be noted.

The next page looks at easements in a lease that cannot be registered.