What formal requirements apply to the express creation of legal and equitable easements?
The express creation of legal and equitable easements must be formalised by deed as per s. 52
LPA 1925.
In ‘unregistered’ land, there is no compulsory first registration requirement.
In ‘registered’ land, the easement must be completed by registration on charges register: s.
27(2)(d) LRA 2002.
Equitable easements must be evidenced in signed writing: s. 53(1)(a) LPA 1925.
Heads of implied acquisition
Grounds for implied Grant Reservation
acquisition
Common Intention Yes Yes
Wheeldon v Burrows Yes No
Law of Property Act 1925, s. Yes No
62
Necessity Yes Yes
The express creation of legal and equitable easements must be formalised by deed as per s. 52
LPA 1925.
In ‘unregistered’ land, there is no compulsory first registration requirement.
In ‘registered’ land, the easement must be completed by registration on charges register: s.
27(2)(d) LRA 2002.
Equitable easements must be evidenced in signed writing: s. 53(1)(a) LPA 1925.
Heads of implied acquisition
Grounds for implied Grant Reservation
acquisition
Common Intention Yes Yes
Wheeldon v Burrows Yes No
Law of Property Act 1925, s. Yes No
62
Necessity Yes Yes
