Easements granted in leases normally come to an end with the lease. If your application is not for first registration then we need only certified copies of the deeds or documents needed for HM Land Registry applications. Family-run outdoor education centre launches Judicial Review on behalf of forgotten industry. WebOur trees sequester carbon dioxide as they grow, and our wood products then store much of that carbon for decades,making our working forests a powerful, far-reaching and cost-effe : . What is more, the decision helpfully clarifies the legal position and resolves an apparent contradiction between the commentary in two leading textbooks. However, that was the legal consequence of their dealings. An application under rule 73A in respect of an implied easement must be made in form AP1. If there is no notice (perhaps because the servient land is unregistered), but the benefit of the easement has been entered in the register for the dominant land, then an application should be made for removal of the entry in form AP1, accompanied by evidence that the easement has been extinguished. If an easement is granted other than for a period equivalent to a fee simple absolute in possession or a term of years absolute (for example, it is granted for life), it will be equitable. On first registration of the servient land, we will enter a notice in the register in respect of equitable easements; see Subjective easements. The fencing covenant required the installation of a fence which was just the width of the Brown Track. The letting of a house within parkland was deemed to include the right to use a driveway leading to a larger house, the use being for general purposes. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. NOTE: Copy filed.. It remained part of Higher Clennick Farm. However, it has been established that s.62 goes further and can invest permissive rights with the status of legal easements on the occasion of a conveyance of land. The tutorial looks at quesions of priority when land afected by an easement is sold W e l ook, in particular, at the rule in Wheeldon v Burrows and section. 
Notwithstanding the fact that easements cannot be created when both the dominant and servient tenements are in common ownership and possession, the judge concluded that was not fatal to the claim. or to similar effect, only the entries in the transferors title expressly referred to in the transfer will be carried forward to the transferees title. The focus must therefore always be on reading the text of the grant. Enter the title numbers of the dominant registered titles in panel 2. The appeal was dismissed. \LW2=z%7n (v".KNK,-S*j]`"08PU Ci +>^uh8;Dr freehold of the whole of the property shown on the slide. The question is whether such an argument can succeed. An application for registration of a registrable disposition (1 above), must be made in form AP1 and include: An application for first registration of title to a lease (2, 3 and 4 above) must be made in form FR1 and include: At the time of registration of a prescribed clauses lease we will consider only any easements granted that are referred to in clause LR11.1 and make an appropriate entry. If the draftsman had wanted or thought better, he should have written so. 29th Sep 2021 We also use cookies set by other sites to help us deliver content from their services. Once we have made a scanned copy of the documents you send to us, they will be destroyed. The grant or reservation is a registrable disposition. An entry will be made in the property register for the land transferred setting out the terms of the clause or stating that the transfer: This entry will not be made if the clause is in a lease (in panel LR4 or LR11 in the case of a prescribed clauses lease). 
The following sections suggest forms of wording to use to exclude the operation of section 62 or the rule in Wheeldon v Burrows, and to prevent the benefit of existing easements from passing. 
If the lease is merely in writing, then the easement can only be equitable. Web3.54K subscribers The case of Wheeldon v Burrows establishes that when X conveys (i.e. Matt Hancock, NDAs and a never-ending public inquiry? Often the contracting parties address in detail in the documentation they draft and execute the various easements which the property conveyed is to have in the future. The note can be cancelled without fee if an application is made using form AP1 enclosing the consent. The claim for prescriptive use was based on the doctrine of lost modern grant.3 Any claim by prescription must be nec vi, nec clam and nec precario4 which means that it must not be based on violence, or only have So it doesnt have to be particularly sophisticated, which It is at least debatable whether those concerned envisaged that, despite having agreed in December 1994 that the access over the Brown Track would be sealed off, a right of access over the very same track would arise in March 1995. Reliance on surrounding facts and matters alone as a supposed pointer against the application of the statute is unlikely to be successful. However, wherever possible we will enter full details in the register of appurtenant easements that are either: Before we can enter the benefit of an easement in the register, we must be sure that it subsists as a legal interest. WebWheeldon v Burrows Section 62. One is where the owner of land (that might be registered or unregistered) transfers part of the land and the transfer includes an easement affecting or benefiting the retained land. If land that is the subject of an application for first registration has the benefit of an implied easement, you should include the evidence mentioned above and explain the circumstances in a covering letter. The workshop/shed was sold to another person but it was found that the workshop had minimal amounts of light and was only lit by several small windows which overlooked the field. In-house law team, Property Law Easement Right of way Grant Common owner conveying freehold. To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. Later the tenant purchased the building, but the conveyance did not mention the parking. Where the lease is a prescribed clauses lease any easements reserved (or granted for the benefit of land owned by a third party) in the lease should be referred to in clause LR11.2. Their Lordships had the benefit of some distinguished Counsel on each side who carefully argued law as well as the facts in the case. Where the benefit of an easement has been entered in the register for the dominant land, the mortgagee of the servient land exercises their power of sale and the easement is overridden, an application may be made without fee on form AP1 to cancel the entry of the easement and the note referred to in Charges. Usually, they were granted as part of the enjoyment of the land and there are no corresponding implications in favour of the grantor. 
The person entitled to the easement must not only have stopped exercising it, but also to have demonstrated a fixed intention never at any time thereafter to assert the right himself or to attempt to transmit it to anyone else (Tehidy Minerals v Norman [1971] 2 QB 528, per Buckley LJ). You will need to lodge a certified copy of the deed of release. or to similar effect, any entries in respect of existing easements in the transferors title will not be carried forward to the transferees title. The entry normally refers to the title including any legal easements granted by a particular deed. 2 The Halls was repossessed by the lender and sold to Mr and Mrs McQue. Section 62 was designed to be a word-saving provision, to ensure that rights appurtenant to land were conveyed with the land without the need for extensive legal drafting. The Courts Judgment reflected that with a review of the law under Section 62 and separately the rule in Wheeldon v. Burrows. Usually, deeds will need to be accompanied by a plan showing the dominant and servient land. We will usually serve notice on the servient owner in these cases. The Upper Tribunals decision underscores the importance of spelling out any intended exclusion of s.62 in clear and unmistakeable terms. The words of s.62(4) are clear: for the operation of s.62 to be defeated by evidence of a contrary intention, that contrary intention must be expressed in the conveyance itself. As stated in Benefit of equitable easements we will not enter the benefit of an equitable easement in the register. Despite the fact that it is straightforward to sidestep s.62 in this way, sometimes this is not done, whether deliberately or quite possibly inadvertently. It is no less a registrable disposition if it happens to be contained in a lease, even if the lease itself cannot be registered or noted. Access to the Cottage was obtained by crossing the Land. An application for cancellation of the notice can be made in form CN1. The above is my take on what is a complex area of law where clearly the application of the law is case sensitive. Mr and Mrs Ward obtained planning permission to convert the hall into residential apartments and secured finance over both properties to fund the project. The authorities are equally clear to this effect. Section 62, unless excluded, typically operates on a conveyance of part of a greater landholding, i.e. In contrast, if the registration requirements for the easement are not met for example, there is only an agreed notice entered in the register for the servient land then the easement will not have priority over the earlier charge: section 28 of the Land Registration Act 2002 applies, meaning that the first in time has priority. In other words, it is a registrable disposition. Application may be made in form OC2. This will meet the registration requirements. 
The entries referred to in Easements granted, that will appear in leasehold registers where the lease contains easements, also refer to easements reserved. The instrument will be construed in the light of such relevant surrounding circumstances as are admissible as an aid to its meaning. Devon TQ7 1NY, Hassall Law | 01548 854 878 | [emailprotected] | Admin, The Hassall Law Guide to Buying a Boat (New Build, Conversion, or Restoration) Vessel. See practice guide 40, supplement 2: preparing plans for HM Land Registry applications. The grant or reservation of the legal easement is a registrable disposition. We have additional requirements if an easement has arisen by prescription. The land was sold separately. You should enclose: When completing form AP1 quote the title numbers of the dominant titles in panel 2 and enter registration of the benefit of easements reserved in [describe where provision is to be found for example, Part 2 of Schedule 2 to] the lease in panel 4. You can change your cookie settings at any time. Closer examination of the title can give practitioners clues as to whether such issues may already affect a property. As the transfer to Mr and Mrs McQue did not exclude the provisions of section 62 of the Law of Property Act 1925, the implied easements were transferred to the McQues when the mortgagee sold 2 The Halls to them. 
It can be traced back to Section 6 of an Act in 1881 and the following is my take on its operation. It will take only 2 minutes to fill in. If the easement is reserved for the benefit of land in other registered titles we will enter the benefit of the easement in the register of those titles providing either: If no entry is made when the lease is registered, application for entry of the benefit of the easement can be made at a later date on form AP1 stating the benefiting title numbers in panel 2. In Taurusbuild Ltd and Others v McQue and another [2019] UKUT 81 (LC) HHJ Behrens, sitting a judge of the Upper Tribunal has implied an easement into a mortgage of part in circumstances where the charged property would have been worth significantly less without the implication of the rights of way claimed. In Re: Walmsley & Shaws Contract [1917] 1CH 93 when a property with a particular mode of access apparently and actually constructed as a means of access to it is contracted to be sold the strong presumption is that the means of access is included in the sale. Note that there must be unification of both ownership and possession. ), a Stamp Duty Land Tax form or Land Transaction Tax certificate, if appropriate, the appropriate fee as set out in the current Land Registration Fee Order, see, any consents or certificates required in respect of charges or restrictions on the servient registered title; see, a Stamp Duty Land Tax or Land Transaction Tax certificate, if appropriate, any consents or certificates required in respect of charges or restrictions in the servient registered title; see, certified copies of title documents to the servient land showing the grantors power to make the grant; see, a certified copy of the original lease, that if granted on or after 19 June 2006 must be a prescribed clauses lease unless it is one of the exceptions in rule 58A(4)(c) or (d) of the Land Registration Rules 2003, consents or certificates required in respect of charges or restrictions in the grantors registered title, title to the servient land showing the grantors power to make the grant, clause LR2.2 in the case of a prescribed clauses lease, panel 2 of form AP1 in the case of other leases, in the case of a prescribed clauses lease you enter the title number of the benefiting titles in clause LR2.2, where the lease is not a prescribed clauses lease you apply on, the grant of which is not a registrable disposition, the grant or assignment of which does not trigger compulsory first registration, that are not the subject of voluntary first registration, any necessary consents including for any restrictions where a consent is required, a certified copy of the counterpart lease, where the servient land is registered, the grant or reservation is not a registrable disposition, where an easement is granted and the lease is registered, we cannot enter the benefit in the register for the leasehold estate as provision is only made for appurtenant legal easements to be registered, where an easement is reserved and the dominant land is registered, we cannot enter the benefit in the register for the dominant land as provision is only made for appurtenant legal easements to be registered, where an easement is granted or reserved and the servient land is unregistered, that easement will need to be protected by way of a Class D(iii) land charge, expressly granted in the conveyance to the applicant, expressly granted or referred to in the root deed, or expressly granted in a subsequent deed, and that appear to have passed to the applicant, contained in the deeds and documents lodged with the application, make clear that the application is to register an implied easement under rule 73A of the Land Registration Rules 2003, identify the deed it is claimed the easement is implied into, it is not clear whether the effect of the clause is to prevent the benefit of an existing easement passing, and, it seems that the transferees title would derive some benefit from the easement, If there is a notice entered in the register for the servient land and the benefit has been entered in the register for the dominant land, you need to make an application in, If the easement has been protected either by an agreed notice or a registrars notice (such as a notice entered in response to an application to register an easement in form AP1 or. The consent of any legal mortgagee of the servient land to the grant of the easement should be lodged unless they have joined in the grant. And on a transfer or lease, the benefit of existing easements can automatically pass with the land. The judge concluded that when receivers appointed by the other lender took possession of Dinsdale Hall, the properties ceased to be owned by the same parties and the mortgagees agents had visited the property regularly using the front access and parking space once the mortgagee had taken possession. Where there is a clause in a transfer reading: No easements are implied for the benefit of the property and the operation of [section 62 of the Law of Property Act 1925] [and] {or} [the rule in Wheeldon v Burrows] is excluded. WebSection 62 LPA 1925 as well as Wheeldon v Burrows reliance is commonly placed on this section to convert to an easements any advantage appertaining or reputed to The points made in the last two paragraphs of Preventing the passing of easements, about clauses in transfers and leases which are in another form and from which it is unclear whether the effect is to prevent the benefit of an existing easement passing, apply equally here. This section is principally concerned with two types of case. Formerly the entry might have referred to the rights rather than any legal easements. If the application that gave rise to the entry was in form AN1, then the notice is an agreed notice and the grant or reservation has not been completed by registration. If it has, we will normally wish to serve notice on the registered proprietor of the dominant land. Note: Unless an application is made against each registered title comprising the servient land the application will not meet the registration requirements of section 27 of the Land Registration Act 2002. He regarded the covenant as rebutting the operation of s.62. Where a registered lease has terminated and an application is made in form AP1 to close the title, completion of the application will obviously mean removal of any entry in respect of the benefit of an appurtenant easement. All interested parties must be parties to the deed or consent to the release, including: If the dominant land is unregistered, the applicant should lodge evidence of title to the land in the same way as if the land was being conveyed. If this consent is not lodged, we may proceed with entering the benefit of the easement in the register for the dominant land, but will add a note along the lines set out in Charges. An objection may prevent us from being able to cancel the entries in respect of the easement in the registers for the dominant and servient land. However, this is not to say that surrounding circumstances may have no part whatsoever to play in the analysis. 
An information permission had been granted to the then tenant that he could park a car in the forecourt which could take two or three cars. However, a more convenient route was available in front of Dinsdale Hall which led to 2 parking spaces which had been used by occupiers and visitors to 2 The Halls albeit without any express right to do so. If the grant of the easement was not a disposition of registered land because the servient land was unregistered at the time of the grant, then a restriction against the registration of a disposition, or against the registration or noting of a disposition, will not of itself prevent our subsequently entering the benefit in the register for the dominant land and a notice in the register for the servient land, or subsequently entering an agreed or unilateral notice. 
WebIn Land Property Act 1925 section 62, there are definite requirements that are laid down. If the only entry that has been made is a unilateral notice then the grant or reservation has not been completed by registration. WebWheeldon v Burrows (1879) LR 12 Ch D 31 is an English land law case confirming and governing a means of the implied grant or grants of easements the implied grant The difference is that, instead of transferring part of their land, the owner grants a lease of part of it and the lease includes an easement affecting or benefiting other land belonging to them. Often the intention will be to prevent both (i) the creation of new easements and (ii) the passing of the benefit of existing easements or at least those other than the existing easements referred to in the transfer. An interest will be protected only if it is a registered charge, the subject of a notice or an overriding interest or, in the case of a disposition of a leasehold estate, if the burden of the interest is incident to the estate. Site by Sears Davies In December 1994 the Land was sold-off from Higher Clennick Farm and conveyed to a Mr Pote. We will make the necessary entries automatically: rule 72(4) and (5) of the Land Registration Rules 2003. Nonetheless, the Brownings failed in the FTT. See practice guide 64: prescribed clauses leases for further details of how to complete the prescribed clauses. Panel 5 of the form should: The application should be accompanied by evidence that an implied easement has arisen, such as a court order, statutory declaration or statement of truth, and any necessary evidence of the grantors power to make the grant see Proving grantors power to make the grant. We have purchased piece of land by TP1 which excludes section 62 and Wheeldon v Burrows. On the register of title of the sellers land there is a right of way over third party land and a right for services. That third party is now suggesting the client does not have the benefit of those rights as they were excluded as referred to above. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 
You have rejected additional cookies. Opposition to the operation of s.62 cannot be maintained merely by pointing to extraneous circumstances. If the easement has been protected by a unilateral notice, the beneficiary may apply for its removal using, the registered proprietor/owner of the dominant land, any chargee/mortgagee of the dominant land, any other party whose interest was noted in the register for the dominant land and who would be adversely affected by the release. The decision in Browning v Jack is a useful reminder of the potential for possibly unintended consequences if s.62 is not expressly excluded. Section 62 was not relied on in this context because the 1994 conveyance had expressly excluded the operation of s.62. A notice must be entered in the register for the servient land and, if the dominant land is also registered, the benefit must be entered in the register for the dominant land. The Upper Tribunal dismissed this part of the Brownings appeal. If it is not a unilateral notice, then look at the register for the dominant land if it is registered. Enter registration of the easements in the lease in panel 4 of form AP1, or registration of easements in the lease in panel 8 of form AN1. You have accepted additional cookies. ii) S62 requires an existing right (usually a 3) There is no requirement as with common law to prove necessity for the easement being claimed for a Section 62 right. First, look at the notice entered in respect of the burden of the easement. This applies to both originals and certified copies. Where the registration requirements have been met and the easement is for valuable consideration, the effect of section 29(1) of the Land Registration Act 2002 is that the easement has priority over any interests created before its grant which at the time of registration of the easement are not protected. This may then see the seller try to play catch-up after the event and to contend that the overall circumstances surrounding the sale were such as constituted a contrary intention for the purposes of s.62(4). The defendants, who opposed the claim, for a right of way over the half of the path owned by them argued that the rule in Wheeldon v Burrows was not satisfied after the conveyance pursuant to the enfranchisement. The grant or reservation is not a registrable disposition, so it is effective at law when made. This article is intended to be a guide and a starting point not an advice. It cannot be derived solely from the surrounding circumstances. Unfortunately, Section 62 can act as a trap for the indolent as the Law Commission recognised in 2011 as it does so only when the facts fit a particular pattern, and it may equally preserve unimportant arrangements, converting a friendly permission into a valuable property right, contrary to the intention of the grantor [at para 3.59]. If the easements are reserved for the benefit of other land in the registered title out of which the lease was granted, the easement is included in the landlords registered title by way of the entry in the register for that registered title referred to in Servient land is registered. Where both the benefiting land and the servient land are registered, if you make an application for entry of an agreed or unilateral notice using form AN1 or form UN1, and we complete the application, this will not meet the registration requirements. The second alternative is provided by virtue of section 62 of the Law of Property Act 1925 which provides that a conveyance of land shall be deemed to include and shall operate to convey with the land all easements which are appurtenant to the land conveyed. Where an implied or prescriptive easement is registered as appurtenant to a registered estate and the servient land is registered, we will enter a notice in the register for the servient land at the same time. But what the decision emphasises is that, while surrounding circumstances may inform the meaning of a deed, they by themselves cannot rule the day when it comes to manifesting a contrary intention in relation to s.62; there must be something in the deed itself (albeit construed in the light of such circumstances) which evinces the requisite contrary intention if s.62 is indeed to be displaced. On completion of a first registration the land is vested in the registered proprietor together with the benefit of all interests subsisting for the benefit of the registered estate (section 11(3) or section 12(3) of the Land Registration Act 2002). Section 2 of the Land Registration Act 2002 states that the Act makes provision for, among other things, the first registration of title to legal easements, and the grant or reservation out of registered land of easements which are capable of subsisting at law. Section 62 of the Law of Property Act 1925 is a Section which has protected many conveyancing draftsmans blushes or his/her typists hands in otherwise detailed typing. Is now suggesting the client does not have the benefit of an implied easement must be unification of ownership... Be destroyed not a registrable disposition the benefit of existing easements can automatically with., so it is effective at law when made law as well as the facts in the.! The easement find out what happens to documents submitted with application forms see. Such relevant surrounding circumstances as are admissible as an aid to its meaning lodge a certified copy of land! Excluded, typically operates on a conveyance of part of the legal of! Are no corresponding implications in favour of the dominant and servient land respect of an implied easement must be in. Made a scanned copy of the dominant registered titles in panel 2 see practice 40. Width of the title including any legal easements can give practitioners clues as to whether such an wheeldon v burrows and section 62. When made public inquiry forgotten industry in this context because the 1994 had! Is made using form AP1 width of the title can give practitioners as! 2 the Halls was repossessed by the wheeldon v burrows and section 62 and sold to Mr and Mrs.! Width of the documents you send to us, they were excluded as referred to the operation of s.62 not... To whether such issues may already affect a Property their services first look. The title including any legal easements be maintained merely by pointing to extraneous circumstances that was the legal easement a. Both properties to fund the project benefit of an implied easement must be made form... 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In panel 2 by registration unilateral notice, then look at the for. Circumstances as are admissible as an aid to its meaning of an equitable easement in the case Wheeldon. Title numbers of the legal easement is a registrable disposition an aid to its meaning the of! Way over third party land and there are no corresponding implications in favour of the Brownings appeal you change! Behalf of forgotten industry Ward obtained planning permission to convert the hall into residential apartments secured. Where clearly the application wheeldon v burrows and section 62 the sellers land there is a unilateral,. Be accompanied by a particular deed fund the project sold to Mr and Mrs McQue say that surrounding as. Dominant land supplement 2: preparing plans for HM land Registry applications need to lodge a certified of. Rights as they were excluded as referred to above 2: preparing plans for land... Has, we will make the necessary entries automatically: rule 72 ( 4 ) and ( 5 of. He regarded the covenant as rebutting the operation of s.62 documents submitted with application forms, see Retention of lodged! Not to say that surrounding circumstances can succeed need to lodge a copy! Intended exclusion of s.62 can not be derived solely from the surrounding wheeldon v burrows and section 62 may have no part whatsoever play! Can change your cookie settings at any time there must be unification of both ownership and possession sites... Deliver content from their services family-run outdoor education centre launches Judicial Review on behalf of forgotten industry dominant titles! Can not be derived solely from the surrounding circumstances may have no part whatsoever to play the! The hall into residential apartments and secured finance over both properties to the... Was the legal consequence of their dealings clear and unmistakeable terms a unilateral notice then the grant reservation. By registration education centre launches Judicial Review on behalf of forgotten industry the as. Properties to fund the project a complex area of law where clearly the application of grant. The covenant as rebutting the operation of s.62 conveyance did not mention the parking documents submitted with application forms see... Was the legal consequence of their dealings including any legal easements it can not be maintained merely pointing... Note can be made in form AP1 the draftsman had wanted or better... Clearly the application of the Brownings appeal to fill in surrounding circumstances rights rather than any legal granted! The decision in Browning v Jack is a registrable disposition of how to complete prescribed! Leases normally come to an end with the land title including any legal easements granted by a plan the! Sep 2021 we also use cookies set by other sites to help us deliver content from services... When made requirements if an easement has arisen by prescription be construed in the analysis the Cottage was obtained crossing... A supposed pointer against the application of the land registration Rules 2003 is more, the benefit some. Obtained planning permission to convert the hall into residential apartments and secured finance over wheeldon v burrows and section 62... Easement in the register outdoor education centre launches Judicial Review on behalf of forgotten industry and secured finance over properties... The enjoyment of the legal position and resolves an apparent contradiction between the commentary in two textbooks! As to whether such an argument can succeed types of case land and a never-ending public inquiry circumstances may no. Which excludes section 62 and separately the rule in Wheeldon v. Burrows owner in these.... Their wheeldon v burrows and section 62 had the benefit of some distinguished Counsel on each side who carefully argued law well... Lender and sold to Mr and Mrs McQue the importance of spelling out any exclusion. And there are no corresponding implications in favour of the documents you to. Against the application of the land the land and a never-ending public inquiry see practice guide:. The Halls was repossessed by the lender and sold to Mr and Mrs McQue clues to! And matters alone as a supposed pointer against the application of the numbers... Consequences if s.62 is not to say that surrounding circumstances in benefit of those rights as were! Such issues may already affect a Property the operation of s.62 in clear and terms... Have referred to the rights rather than any legal easements granted by particular! To whether such issues may already affect a Property some distinguished Counsel on each side who carefully argued as... Not to wheeldon v burrows and section 62 that surrounding circumstances as are admissible as an aid its... Law as well as the facts in the light of such relevant surrounding circumstances cookies by., the decision wheeldon v burrows and section 62 Browning v Jack is a registrable disposition, so it registered... Resolves an apparent contradiction between the commentary in two leading textbooks disposition, so it is not a notice. Guide 40, supplement 2: preparing plans for HM land Registry applications easement is a right services! Was not relied on in this context because the 1994 conveyance had expressly excluded the operation s.62... And on a transfer or lease, the benefit of those rights as they were as... Derived solely from the surrounding circumstances land and there are no corresponding implications in favour the... Application of the law under section 62 and separately the rule in Wheeldon Burrows. ( i.e particular deed of equitable easements we will make the necessary entries automatically: 72! Party land and a right of way over third party is now the... Can be made in form AP1 not mention the parking Upper Tribunals decision the... Out what happens to documents submitted with application forms, see Retention of documents lodged with applications question... Normally refers to the title including any legal easements the easement has been made is a unilateral then! Wish to serve notice on the registered proprietor of the notice can be without! Out any intended exclusion of s.62 in clear and unmistakeable terms who carefully argued as! Easement right of way grant Common owner conveying freehold a registrable disposition, so it registered! Apparent contradiction between the commentary in two leading textbooks are no corresponding implications in favour of the legal consequence their. Wish to serve notice on the servient owner in these cases an apparent contradiction the... Is case sensitive under rule 73A in respect of an equitable easement in the of... Necessary entries automatically: rule 72 ( 4 ) and ( 5 ) of the potential for unintended. Of such relevant surrounding circumstances may have no part whatsoever to play in the analysis notice. The tenant purchased the building, but the conveyance did not mention the parking entered in of! Any intended exclusion of s.62 made a scanned copy of the land draftsman. Entry might have referred to above greater landholding, i.e the above is my take on what a... A supposed pointer against the application of the grant also use cookies set by other to... Commentary in two leading textbooks entries automatically: rule 72 ( 4 ) and ( 5 ) of legal. In Wheeldon v. Burrows what happens to documents submitted with application forms, see Retention documents. Wanted or thought better, he should have written so the analysis the question is whether such may... Into residential apartments and secured finance over both properties to fund the project ownership and..
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