GovWire

We have added references to relevant case law relating to abandonment of easements to section 12.2.3.

Section 12.2.1 has been amended to clarify that interested parties to a deed of release of easements where the dominant land comprises both leasehold and freehold titles will include both the leaseholder and the freeholder where the lease has the benefit of the easement.

Change to the evidence needed in removing register entries on extinguishment (section 12.2.1) - in cases of deeds of easements, evidence of compliance with a restriction is no longer required.

Section 10.2 has been amended to clarify our existing requirements. This is not a change in practice.

Section 3.3 has been amended to make clear that in the circumstances outlined, because the grant or reservation is not a registrable disposition and so is effective at law when made, the easement is an overriding interest on first registration of the servient land.

Section 2.6 has been added to give details of our requirements when submitting plans.

Section 10 has been amended to clarify our practice on the carrying forward of easement entries.

Sections 10.2 and 10.3 have been amended to make the position clearer on a transfer of the whole of a registered title, and to explain that the cancellation or not carrying forward of entries relating to the benefit of an easement does not automatically lead to the cancellation of a notice in respect of the easement.

Section 1.1 has been updated to reflect our current practice relating to the use of copy documents for registration. Sections 2 and 2.1 have been updated following the amendment of rule 90 of the Land Registration Rules 2003 by the Land Registration (Amendment) Rules 2018 coming into force on 6 April 2018. Sections 3.1, 3.2, 3.3, 4.1 and 4.2.1.1 have been updated to reflect the introduction of Land Transaction Tax for transactions affecting land in Wales completed on or after 1 April 2018.

Section 10 has been slightly amended. In particular, there is additional text to show how we will deal with provisions preventing both the acquisition of new easements and passing of the benefit of existing easements.

Section 10 has been added as a result of a change of practice in how we deal with provisions preventing the acquisition of new easements or the passing of the benefit of existing easements.

Section 2.5 has been amended to clarify that there is no difference in meaning between entries that refer to 'the rights' and entries that refer to 'any legal easements'.

Section 2 of the guide has been revised following an internal review of our practice.

Link to the advice we offer added.

First published.