Leases granted on or after 13 October 2003 continued

Leases that cannot be registered or noted

With the exception of some reversionary leases, leases dated on or after 13th October 2003 for a term of 3 years or less cannot be registered or noted. These leases do not have to be by deed, but where a deed has been used any legal easements granted in the lease over registered land must still be registered.

• If the lease is by deed, a form AP1 must be used to register the easement against the servient land as the use of a form AN1 or UN1 will not satisfy the registration requirements of s.27. A note to this effect will be added to the register entry where an AN1 has been used. A form DI may also be required as explained earlier.
• If the lease is not by deed, but merely in writing, any easements in the lease will only be equitable, as legal easements must be created by deed. In this case the easements are not a registrable disposition and can only be noted using form AN1 or UN1. Form DI is not required.
• Where the servient land is unregistered, the easements should be protected by a Class D(iii) land charge.

This is the end of the chapter on easements in leases.