British LAND LAW: Are Legal Easements Overriding Interests?
M.P. Thompson, Modern Land Law:
“Underneath the Land Registration Act 2002, only legal easements will override an authorized dispoistion (Land Registration Act, Sched. 1, para. 3 and Sched. 3, para 3)…… ”
Land Registry Practice Guide 62 (March 2005):
“An easement (legal or equitable) specifically granted on or after 13 October 2003 over registered servient land can’t be an overriding interest”…..(there’s no reference with this within this practice guide however).
Same with it simply me, or perhaps is this contradicting?Could they be, or could they be not overriding interests?If they’re, what’s the reference with this?
Thankyou, very confused!
You’ve cited only secondary sourcesAnd appears what the law states transformed on 13 March. 2003. You need to consult the main source the statute that transformed what the law states.
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