What happens if an easement is not registered?

If the easement is not registered it will exist as an equitable easement. In some circumstances an easement will only exist as an equitable right. An example being where a contract was entered into to grant an easement, but it was never completed.

Does a legal easement have to be registered?

A legal easement must be registered against the dominant and servient land (“tenements”), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.

What is an unregistered legal easement?

Creation of an easement over unregistered land (ie the servient land is unregistered) will not trigger compulsory registration of that land. A legal easement over unregistered land is effective at law when made and binds the world.

Is an easement legally binding?

If you have either an express or implied easement, it means you have a legally binding, non-possessory “interest” in another party’s property. An easement gives them the legal authority to do so, but in a limited way that is non-possessory and non-disruptive to the property owner.

How long does a deed of easement last?

Easements are permanent, however they can be extinguished where: There is unity of ownership of the dominant and servient tenements (unity of seisin rule) Express release by deed by the dominant owner. Implied release e.g. abandonment of the easement by non-use for more than 20 years; or Operation of law.

What is an easement by necessity?

Overview. An easement that arises when a landowner conveys a landlocked parcel of land to another. An easement by necessity may lie dormant through several transfers of title and still pass with each transfer as appurtenant to the dominant estate.

Does an easement trigger first registration?

The grant of the easement in itself does not trigger compulsory first registration of the servient land, however, if the grant may form part of registerable transaction, for example if it was granted within a transfer or part or the lease with more than seven years left to run (section 4(1) and 4(2) of the Land …

Are legal easements overriding?

On first registration, any legal easement or profit a prendre is an overriding interest (Schedule 1, paragraph 3).

Can an easement be revoked?

As a general rule, an easement by deed cannot be revoked simply on the grounds of abandonment by the person benefitting. In other implied cases, an easement can be revoked if positive action has been taken by the person benefiting to indicate abandonment.

Can you change the size of an easement?

An easement gives someone the right to use a portion of another person’s property. An easement can only be amended with the consent of all parties. One party cannot unilaterally amend an existing easement. An amendment usually either increases or decreases the scope of the easement or clarifies any ambiguities.

Are easements forever?

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.