STEP 4: whether the easement is enforceable where the servient land has been sold? - Registered - Implied and prescriptive legal easements
3 important questions on STEP 4: whether the easement is enforceable where the servient land has been sold? - Registered - Implied and prescriptive legal easements
When can the claimant rely on (Sch 3, Para 2 LRA 2002) if the legal easement was not registered under (s. 27 LRA 2002)?
Only if the exercise of the easement is more than mere use of land and the person claiming the easement is an actual occupation.
Does (Sch 3, para 3 LRA 2002) protect an expressly created legal easement that has failed to be properly registered?
(Sch 3, para 3 LRA 2002) does not protect a legal easement that was created expressly but failed to be registered.
Explain how implied and prescriptive easements are capable of being an overriding interest under (Sch 3, para 3 LRA 2002)? What are the three relevant requirements?
- Easement not expressly created by deed
- Easement is
- Obvious on reasonable inspection
- Purchaser knew of the easement
- The person entitled to it exercised the easement a year proper to the sale to the purchaser.
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