Is an unregistered easement enforceable?

A very important exception is that any “easement”, even if unregistered, is absolutely valid, even against persons with no knowledge of the easement. Once acquired, an easement can be enforced through the courts unless it is found to have been abandoned.

What 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.

Do easements need 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 a restriction on a property called?

A restriction is an entry on the registered title deeds to a property which prevents a disposition (sale or transfer of an interest in a property or new mortgage). Buyer’s can enter into a Declaration of Trust which will set out how the property is truly owned and the title can be restricted accordingly.

What is a restricted property?

Restricted Property means (a) any property of the Company located within the United States of America that, in the opinion of the Company’s board of directors, is a principal manufacturing property or (b) any shares of capital stock or Debt of any Subsidiary owning any such property.

Is an easement a legal document?

Easement deeds provide a valuable tool to grant or restrict land use by a non-owner. They are legal contracts enforceable by law.

Are easements enforceable?

It is important to note that even easements which have not been exercised for years generally remain enforceable unless they have been positively terminated.

Can you sell a property with a restriction?

When there is a restriction on your property it means you cannot sell it without meeting certain obligations.

How long does it take the Land Registry to remove a restriction?

2-3 weeks
How long does Land Registry take to remove a restriction? Most applications to remove restriction on property are considered within 2-3 weeks, some can take up to a month. However, if your application is especially complicated or missing information, then HM Land Registry would have to make requisitions.

What does restriction on land registry mean?

A restriction is an entry in the register that prevents or regulates the making of an entry in the register in respect of any disposition or a disposition of a specified kind (section 40(1) of the Land Registration Act 2002)

What happens if you buy a property with an unregistered easement?

The purchaser may not be aware of an unregistered easement over land, and yet the purchaser’s interest will be subject to that easement being enforced. Whenever purchasing a property, the possibility of unregistered easements must be considered and investigated and their potential impact on the planned use of the land assessed.

How do you register an easement on servient land?

A notice must be entered in the register for the servient land and, if the dominant land is also registered, the benefit must be entered in the register for the dominant land. You must apply to register an easement in form AP1 where both the benefiting land and the servient land are registered.

Is a grant of an easement a registrable disposition?

The grant or reservation is not a registrable disposition, so it is effective at law when made. However an application can be made under rule 73A(1)(a) of the Land Registration Rules 2003 for the easement to be registered as appurtenant to the registered estate in the dominant land.

What is an easement on a property?

An easement is the right of a land owner to do something on a neighbour’s land or to stop the neighbour from doing something on the neighbour’s own land. Examples include the running of pipes and services over, through or under land and the right to access the land for repair/maintenance /renewal purposes.