Easments
An easement is a proprietary right in which one person can exercise over the land of another
Types of easements
o Easements are either legal or equitable and can be created either expressly or impliedly
o All express easements must be registered as either a legal or equitable easement
o Legal easements
An easement created expressly can be a legal easement if created by deed, provided it
is for a period equivalent to a freehold or leasehold estate (for ever or fixed term).
An express legal easement is capable of binding a successor in title as long as it
appears on the register under section 27 of the LRA 2002. Otherwise the easement
will remain equitable and will not be binding unless it appears on the register
An easement created impliedly is considered a legal easement
Only Implied legal easements may bind third parties as an overriding interest under
paragraph 3 of Schedules 1 and 3 to the LRA 2002.
An easement is a proprietary right in which one person can exercise over the land of another
Types of easements
o Easements are either legal or equitable and can be created either expressly or impliedly
o All express easements must be registered as either a legal or equitable easement
o Legal easements
An easement created expressly can be a legal easement if created by deed, provided it
is for a period equivalent to a freehold or leasehold estate (for ever or fixed term).
An express legal easement is capable of binding a successor in title as long as it
appears on the register under section 27 of the LRA 2002. Otherwise the easement
will remain equitable and will not be binding unless it appears on the register
An easement created impliedly is considered a legal easement
Only Implied legal easements may bind third parties as an overriding interest under
paragraph 3 of Schedules 1 and 3 to the LRA 2002.
