STEP 4: whether the easement is enforceable where the servient land has been sold? - Unregistered
3 important questions on STEP 4: whether the easement is enforceable where the servient land has been sold? - Unregistered
Does a legal easement bind the successor, and if so who is bound?
Legal interest (inc. a legal easement) binds the whole world.
Explain how an equitable easement (an easement not satisfying s.1(2)(a) LPA) is registered under (Land Charges Act 1972) and will the easement bind the purcahser? What is the procedure for equitable easements created pre-1926?
- Registered as a Class D(iii) land charge will bind the purchaser
- Consider Pre-1926 rules
Explain how an estate contract (equity recognises an easement as an estate contract) is registered under (Land Charges Act 1972)?
- Registered as a Class C(iv) land charge
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