Explanatory Notes

Land Registration Act 2002

2002 CHAPTER 9

26 February 2002

Commentary on the Sections

Part 6: Registration: General

Registration as proprietor

Section 59: Dependent estates

106.Section 59 deals with how entries in the register relating to the ownership of certain estates are to be dealt with. First, if a legal estate, such as an easement or profit à prendre, subsists for the benefit of a registered estate, the entry must be made in the register relating to that registered estate. If the registration is of the ownership of a charge, then the entry should be made in relation to the registered estate which is subject to the charge. Lastly, where the registration is of the ownership of a sub-charge, then the entry must be made in relation to the registered charge which is subject to the sub-charge.