The buyer must still beware
So long as the law allows the creation of easements to be presumed from long use or implied from certain historical facts, no system of land registration can present the perfect mirror of a vendor’s title that is supposed to be every conveyancer’s dream.
Although the Land Registration Act 2002 has reduced the range of overriding interests that can be asserted by third parties, there will still be cases where a buyer of the servient land can find himself saddled with an unrecorded easement. The nature of the problem, and the appropriate precautions, are considered by Catherine Hood, of Wragge & Co, in
For greater detail see
The buyer must still beware
So long as the law allows the creation of easements to be presumed from long use or implied from certain historical facts, no system of land registration can present the perfect mirror of a vendor’s title that is supposed to be every conveyancer’s dream.
Although the Land Registration Act 2002 has reduced the range of overriding interests that can be asserted by third parties, there will still be cases where a buyer of the servient land can find himself saddled with an unrecorded easement. The nature of the problem, and the appropriate precautions, are considered by Catherine Hood, of Wragge & Co, in Easily overlooked Estates Gazette 13 July 2002, p124.
For greater detail see With a view to ease Estates Gazette 22 February 2003, where Jacqui Skovron, of Allen & Overy, and Sue Highmore, of Linklaters, consider, inter alia, the transitional provisions contained in the 2002 Act.
