Land Registration Act 2002 Explanatory Notes

Easements and profits à prendre

212.Paragraph 3 has the effect that a legal easement or profit à prendre overrides first registration. Under the present system, equitable easements over unregistered land also have overriding status even if they have not been protected, as they should be, by registration under the Land Charges Act 1972. The position of those easements was therefore improved on first registration of title and this situation will not continue under the Act.

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