Two transitional provisions contained in the Land Registration Act 2002 will end on 12 October.
The first affects easements and profits granted pre- and post- 13 October 2003. The exception, contained in para 3 of Schedule 3 to the Act, takes effect at midnight on 12 October. It provides that an unregistered legal easement and profit will, unless it had overriding status before 13 October 2003, operate only as an overriding interest if it is either:
● Obvious on a reasonably careful inspection of the land;
● Known to the person to whom the disposition is made;
● Proven to have been exercised within the year before the disposition; or
● In the case of a profit, registered under the Commons Registration Act 1965.
The second protects the rights of squatters who acquired rights under the Limitation Act 1980 before 13 October 2003. From 13 October, those rights will be preserved as overriding interests only if the squatter can bring himself or herself within the “actual occupation” ground in either Schedule 1 or Schedule 3 to the Act.
References: EGi Legal News 09/10/06
