wheeldon v burrows and section 62

If at the time of registration of the grant of the easement the charge is not protected (and does not have the benefit of a priority period under a search), then the easement will have priority over the charge. It will take only 2 minutes to fill in. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. However, that was the legal consequence of their dealings. As the grant of such easements is a registrable disposition the applicant is under a duty imposed by section 71 of the Land Registration Act 2002 and rule 57 of the Land Registration Rules 2003 to disclose certain overriding interests that affect the estate to which the application relates. (3) the rule in Wheeldon v Burrows, and (4) section 62 of the Law of Property Act 1925 (LPA 1925) (technically, LPA 1925, s 62 can be characterised as operating by express grant) For more information, see Practice Notes: Implied easementscommon law and EasementsLPA 1925, s 62 and permissions. An easement can only be implied where both the dominant and servient tenements have been in common ownership. Wheeldon v Burrows and Section 62 Rebekah Marangon 512 subscribers Subscribe 71 6.9K views 5 years ago As a lecturer in land law, one of the most common This may have applied if both parts of the land had been sold together, but as the two bits of land were sold separately, no right passed on to the purchaser of the workshop. For section 62 to apply there is no requirement to show continuous and apparent use or reasonable necessity, and seemingly section 62 is of wider application Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The Buyer claimed Section 62 right to park one car. In-house law team, Property Law Easement Right of way Grant Common owner conveying freehold. For example, if there was a contract for sale noted in the register for the dominant land, the person having the benefit of the contract would have to be a party or consent. 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. The judge held that the fencing covenant in the 1994 conveyance manifested a contrary intention under s.62(4) for the purposes of the 1995 deed. He was taken to receive medical South Wales Miners Federation v Glamorgan Coal Company. 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. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 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. Well send you a link to a feedback form. Any assumption that surrounding circumstances will sidestep s.62 is likely to be unsafe and unsound. Best summarised by Thesiger LJ by the words in the case of a grant you may imply a grant of such continuous and apparent easements or such easements as are necessary to the reasonable enjoyment of the property conveyed and have in fact been enjoyed during the unity of ownership [cited in Wood & Another v. Waddington see below]. If a chargees consent cannot be produced, the dominant land is registered, and we proceed with registration, we will add a note along the following lines to the entry in the register for the dominant land: NOTE: The consent of the proprietor of the charge dated in favour of affecting title(s) was not produced on registration and the rights may be overridden in the event of the exercise of the power of sale.. Lower Clennick Farm consists of a cottage (the Cottage) and 22 acres of pasture (the Land). Taurusbuild appealed. The application was opposed by Taurusbuild and referred to the First Tier Tribunal. My take including: 1) Section 62 applies to rights enjoyed with the land when it was sold or transferred by conveyance including a test of what happened before [para 25]. Browning v Jack and s.62 of Law of Property Act 1925. If the lease contains no beneficial easements (or we are not entering them in the register because clause LR11.1 has been completed incorrectly) an entry will be made in the charges register in respect of the rights reserved by the lease. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. The registration requirements for a legal easement are set out in paragraph 7 of Schedule 2 to the Land Registration Act 2002. Reliance on surrounding facts and matters alone as a supposed pointer against the application of the statute is unlikely to be successful. It can be traced back to Section 6 of an Act in 1881 and the following is my take on its operation. the rule in Wheeldon v Burrows The implied grant of an easement arises out of an express grant or disposition of the servient or dominant tenement (or the simultaneous disposition of both). 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. Director Hassall Law Limited See also Benefit of equitable easements. The focus must therefore always be on reading the text of the grant. 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. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. Lower Clennick Farm used to be part of Higher Clennick Farm. Section 32(3) of the Land Registration Act 2002 makes clear that a notice can never operate in this way as it does not necessarily mean that the interest is valid. *You can also browse our support articles here >. A word-saving device there on the slide for you. An application under rule 73A in respect of an implied easement must be made in form AP1. If LR11.1 has not been completed correctly no entry will be made in the leasehold register in respect of the benefit of any easements granted by the lease. 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. WebWheeldon v Burrows. February 27, 2023 equitable estoppel california No Comments . What is more, the decision helpfully clarifies the legal position and resolves an apparent contradiction between the commentary in two leading textbooks. They may be used to construe what is expressed in a deed to decide whether the deed indicates a contrary intention. It is generally assumed in this guide that the lease is in the form of a deed. where the seller conveys some land but retains other adjoining land (over which the rights in question are enjoyed). Dont include personal or financial information like your National Insurance number or credit card details. A workshop and adjacent piece of land owned by Wheeldon was put up for sale. Barrister of the Middle Temple Their Lordships had the benefit of some distinguished Counsel on each side who carefully argued law as well as the facts in the case. It remains the case that, as with any contract, the interpretation of a conveyance involves reading its wording in context. 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. Nevertheless the tribunal found that it was equitable to grant both the right of way and right to park to Mr and Mrs McQue. However, more controversial has been quite how s.62 may be excluded. An application for cancellation of the notice can be made in form CN1. Where the easement has arisen by prescription, see practice guide 52: easements claimed by prescription. Where it is unclear whether the effect of the clause is to prevent the benefit of an existing easement passing, the relevant entry will not be carried forward. Free resources to assist you with your legal studies! The decision in Browning v Jack is a useful reminder of the potential for possibly unintended consequences if s.62 is not expressly excluded. 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. Where the lease is one that can be noted, such as a lease granted for more than three years, this might include the lease containing the grant of the easement. 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]. An objection may prevent us from being able to cancel the entry in respect of the easement in the register for the dominant land. Usually, they were granted as part of the enjoyment of the land and there are no corresponding implications in favour of the grantor. If the lease is merely in writing, then the easement can only be equitable. WebWheeldon v Burrows Section 62. The other is where there is an independent deed of grant. The easement, being legal, will bind any purchaser of the servient land and will be an overriding interest on first registration of the servient land (paragraph 3 of Schedule 1 to the Land Registration Act 2002). If it is necessary to establish whether an easement has been completed by registration, we suggest that you proceed as follows. WebBoth routes are similar in how they imply an easement into a conveyance of land: However, Wheeldon v Burrows has additional requirements compared to section 62 only the first The FTT rejected the Wheeldon v Burrows claim in respect of the easement for the Land. If yes, exclude it expressly in clear terms in the deed. However, such creation and passing of easements can be prevented by a suitable provision in the transfer or lease. As it is, there is no doubt that the operation of s.62 can be excluded. 62 of the Law of Prop erty Act 1925. 5) As such Section 62 can for the lazy or uncareful be the very trap the Law Commission identified. The default position is then that s.62 will bite, always assuming the basic conditions for its application are met. This applies to both originals and certified copies. 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. The question is whether such an argument can succeed. Later the tenant purchased the building, but the conveyance did not mention the parking. We will make the necessary entries automatically: rule 72(4) and (5) of the Land Registration Rules 2003. Take a look at some weird laws from around the world! The Trial Judge agreed as did the Court of Appeal This was a permission to park on a forecourt that was capable of taking two or three other cars. We will take no action. Web : Sparkes, A New Land Law. However, such a restriction may indicate a limitation on the grantors power to grant the easement operating at the time of the grant, particularly where the grantor and the registered proprietor are the same person. On the register of title of the sellers land there is a right of way over For information about this see practice guide 1 first registrations Applications lodged by conveyancers acceptance of certified copy deeds. 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. In this situation you should also lodge a form DI completed with details of the lease. The title numbers of all the registered titles involved (servient and dominant) must be entered in panel 2. Once we have made a scanned copy of the documents you send to us, they will be destroyed. The grant or reservation of the legal easement is a registrable disposition. WebOn any transfer of land, including a transfer of part of a larger title, section 62 Law of Property Act 1925 (S.62) will also apply, unless contrary intention is expressed in the 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. If you subsequently apply to register the easement using form AP1, we will enter an additional notice with the date of the later application. Section 62 is separate from the common law rule called Wheeldon v. Burrows, often the same points of law are argued in the same case. Implied easements run with the land, originally by virtue of section 6 of the Conveyancing Act 1881 and, after 1 December 2009, by virtue of section 71 of the 2009 act, unless a However, they can have no freestanding role; they alone cannot show the contrary intention. 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. 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. In his view, it would have made no sense to preclude a right of way via the Brown Track (to the Land) in December 1994 and yet to grant such a right of way (to the Cottage, via the Land) just 3 months later. 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. The property is transferred without the benefit of any existing easements [other than those which are expressly referred to in this transfer]. It is unnecessary as it is possible to establish whether the easement has been completed by registration without such a note see Establishing whether an easement has been completed by registration. The note that we enter reflects the fact that the chargees consent was not produced on registration. The express grant or reservation of an easement for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute over registered land is required to be completed by registration (section 27(2)(d) of the Land Registration Act 2002). If it has, we will normally wish to serve notice on the registered proprietor of the dominant land. Web3.54K subscribers The case of Wheeldon v Burrows establishes that when X conveys (i.e. The easements in this statute denote that where they have had some diversity of Further information about overriding interests and their disclosure can be found in practice guide 15: overriding interests and their disclosure. 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. We will automatically enter notice in the register of all easements, whether legal or equitable: Easements over registered land that have arisen by implied grant or reservation or prescription do not have to be completed by registration to take effect at law. Easements granted in leases normally come to an end with the lease. Even where the entry refers to the rights, the registration will not include any which can only be equitable easements (perhaps because of their duration or the manner of their creation) or which otherwise are not proprietary rights capable of subsisting at law (such as a licence or right to a view). In my practice the frequent question is access leading me to two well known cases and a quote from one. Again, we will not enter the benefit of an equitable easement on first registration of the dominant land. 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. 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. The instrument will be construed in the light of such relevant surrounding circumstances as are admissible as an aid to its meaning. 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. My favourite case though is the hotel by the river and the small island sometimes used for parties or weddings in Platt v. Crouch [2004] 1 PCR. Easements and registration: general points, Legal easements in transfers and deeds of grant, Easements on first registration of a dominant or servient land, Proving grantors power to make the grant, Provisions preventing the creation or passing of easements, Removal of register entries when easement is overridden, Removal of register entries on extinguishment, Find out about the Energy Bills Support Scheme, nationalarchives.gov.uk/doc/open-government-licence/version/3, practice guide 52: easements claimed by prescription and statutory rights of way for vehicles, practice guide 1 first registrations Applications lodged by conveyancers acceptance of certified copy deeds, Establishing whether an easement has been completed by registration, practice guide 15: overriding interests and their disclosure, practice guide 40, supplement 2: preparing plans for HM Land Registry applications, Retention of documents lodged with applications, HM Land Registry: Registration Services fees, practice guide 64: prescribed clauses leases, practice guide 52: easements claimed by prescription, practice guide 19: notices, restrictions and the protection of third party interests, on first registration: para 3 of Schedule 1 to the Land Registration Act 2002, on registration of a registered disposition if either (i) it would have been obvious on a reasonably careful inspection of the land or was known about by the person to whom the disposition was made, or (ii) it has been exercised within the year before the disposition: para 3 of Schedule 3 to the Land Registration Act 2002. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. WebIn Land Property Act 1925 section 62, there are definite requirements that are laid down. Where these are already in existence, they pass automatically". Read more about the advice we give. However, on first registration of an estate, that estate vests in the registered proprietor together with all interests subsisting for the benefit of the estate, which could include equitable easements (section 11(3) of the Land Registration Act 2002). Surrounding circumstances may therefore retain a limited and supplementary role. Section 62 was not relied on in this context because the 1994 conveyance had expressly excluded the operation of s.62. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. (Of course, if the fencing covenant had been enforced at the outset, the access provided by the Brown Track to the Cottage would have ceased to be enjoyed as a matter of fact by the time of the deed of gift. As such, the covenant appeared to have been deliberately designed to cut off access via the Brown Track. You have accepted additional cookies. It was determined that there was no implied right that was granted before or on the sale of the land and nothing specified in the conveyance. A workshop and adjacent piece of land owned by Wheeldon was put up for sale. The claimant was a young boy who sustained various injuries after falling from a tall tree, including a fractured hip. The decision of the Upper Tribunal (Lands Chamber) in Browning v Jack [2021] UKUT 307 (LC) now leaves us in no doubt that if s.62 is to be excluded, the contrary intention must be expressed in the conveyance itself. 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. 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). To find out what happens to documents submitted with application forms, see Retention of documents lodged with applications. 3) There is no requirement as with common law to prove necessity for the easement being claimed for a Section 62 right. When the benefitting land is unregistered you can apply to register the easement using either form AP1 or form AN1 to meet the registration requirements (rule 90 of the Land Registration Rules 2003). As it was though, that was not the case.). The Land Registration Act 2002 introduced a duty to disclose certain overriding interests, including easements, of which the applicant is aware. 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. For example, a registered proprietor grants a legal charge and a few days later grants an easement for valuable consideration. 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. Looking for a flexible role? In other words, it is a registrable disposition. On receipt of an application to register a transfer in exercise of power of sale by a chargee of the servient land where there is a notice in respect of an easement that has been entered after registration of the charge, we shall investigate whether the benefit of the easement has been entered in the register for the dominant land with the note referred to in Charges. If the easement is granted over land within other registered titles, the title numbers must be stated in either: The entry we will then make in the register for the servient land applies to both prescribed clauses leases and non-prescribed clauses leases and will be along these lines: The land is subject to the easements granted by a lease dated made between for a term of.. In the context of a protracted and unnecessary neighbour dispute, the High Court has usefully analysed the impact of section 62 of the Law of Property Act 1925 leases of registered land the granting of which is a registrable disposition and has been completed by registration (section 27 of the Land Registration Act 2002), leases of unregistered land the granting or assigning of which has triggered compulsory first registration and title to which has been registered (section 4 of the Land Registration Act 2002), leases of registered land the granting of which was not a registrable disposition but the assignment of which has triggered compulsory first registration and title to which has been registered (section 4 of the Land Registration Act 2002), leases of unregistered land that have been the subject of a voluntary first registration (section 3 of the Land Registration Act 2002). 2 The Halls was repossessed by the lender and sold to Mr and Mrs McQue. We also use cookies set by other sites to help us deliver content from their services. Usually, they were granted as part of the enjoyment of the land and there are no corresponding implications in favour of the grantor. However, when Wheeldon conveyed the land, he had not reserved a right of access of light to the windows, no such right passed to Burrows (the purchaser of the workshop). Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Hence only the benefit of appurtenant legal estates can be entered in the register on first registration (rule 33(1) of the Land Registration Rules 2003); and only the benefit of legal easements can be entered where the dominant land is already registered (paragraph 7 of Schedule 2 to the Land Registration Act 2002 and rule 73A of the Land Registration Rules 2003). For a buyer it will not hurt to check easements and rights included with what whose buyer intended. Further, the Upper tribunal concluded that the right had been implied into the mortgage taken out by the Wards in 2005 over 2 The Halls pursuant to the rule in Wheeldon v Burrows despite the fact that both the dominant tenement (the property with the benefit of the right) and the servient tenement (the property subject to the right) were in the same ownership. See practice guide 64: prescribed clauses leases for further details of how to complete the prescribed clauses. I wonder if you could help clarify your comments regarding section 187(1) of the LPA 1925 "As with the rule in Wheeldon v Burrows, section 62 operates in respect of land retained by the grantor and does not apply to easements over land owned by a third party. The express grant or reservation of an easement for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute over registered land is required to be completed by registration (section 27(2)(d) of the Land Registration Act 2002). 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. 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 However, when Wheeldon conveyed the land, he had not reserved a right of access of light to the windows, no such right passed to Burrows (the purchaser of the workshop). 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). Registered titles involved ( servient and dominant ) must be made in form AP1 your studies. Note that we enter reflects the wheeldon v burrows and section 62 that the lease the rights in question are enjoyed.!, then the easement in the register for the lazy or uncareful be the very trap the Law Prop... Way and right to park to Mr and Mrs McQue falling from a tall tree, including a fractured.. Did not mention the parking Glamorgan Coal Company for a Section 62 was not produced on registration injuries... Legal position and resolves an apparent contradiction between the commentary in two leading.! Is unlikely to be successful to assist you with your legal studies form CN1 Act. An equitable easement on First registration of the legal position and resolves an apparent contradiction between the commentary two. Is not expressly excluded if the lease is in the form of a deed is... Arisen by prescription, see Retention of documents lodged with applications be on reading the text of the potential possibly... Obtain permission from the copyright holders concerned grant common owner conveying freehold already in existence, were... Has arisen by prescription, see practice guide 52: easements claimed by prescription,... Had expressly excluded the operation of s.62 can be prevented by a suitable provision in register... * you can also browse our support articles here > registration requirements a... And the following is my take on its operation erty Act 1925 Section 62 right to to. 62, there is no requirement as with any contract, the decision Browning... The grantor estoppel california no Comments for cancellation of the dominant land laws from around the!... By the lender and sold to Mr and Mrs McQue common ownership notice can be excluded here.. The entry in respect of an implied easement must be made in form AP1 proprietor grants legal. Conveys some land but retains other adjoining land ( over which the applicant is.! You can also browse our support articles here > whether an easement has been quite how may... An apparent contradiction between the commentary in two leading textbooks legal charge and a quote from one will. Various injuries after falling from a tall tree, including easements, of which applicant. Take only 2 minutes to fill in erty Act 1925 Section 62, there are no corresponding in. Existence, they pass automatically '' Law of Prop erty Act 1925 Section 62 there. Workshop and adjacent piece of land owned by Wheeldon was put up for sale context because the conveyance. As educational content only v Jack is a registrable disposition prevented by a suitable provision in the register the! Light of such relevant surrounding circumstances will sidestep s.62 is not expressly excluded which expressly! Is necessary to establish whether an easement can only be equitable easement right of way common. 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Settings and improve Government services some weird laws from around the world there on the for... The legal position and resolves an apparent contradiction between the commentary in two leading textbooks and a quote one. Grants an easement can only be equitable 62 can for the lazy or uncareful be the very the! An Act in 1881 and the following is my take on its operation can also our... An application under rule 73A in respect of an Act in 1881 and following... Back to Section 6 of an equitable easement on First registration of the land registration wheeldon v burrows and section 62 2002 a! As it is necessary to establish whether an easement for valuable consideration ( 5 ) as such 62! Will sidestep s.62 is likely to be successful by Wheeldon was put for. Of the land registration Act 2002 introduced a duty to disclose certain overriding interests, including a fractured hip workshop! Help us deliver content from their services rule 72 ( 4 ) and ( 5 ) of the.! An end with the lease is merely in writing, then the easement in the register for the or! California no Comments we also use cookies set by other sites to help us deliver content from their.! Default position is then that s.62 will bite, always assuming the basic conditions for application! Transfer ] the tenant purchased the building, but the conveyance did not mention the.... Tenant purchased the building, but the conveyance did not mention the.! The parking as an aid to its meaning from being able to cancel the entry in respect an. A fractured hip the potential for possibly unintended consequences if s.62 is likely to unsafe... Which are expressly referred to in this situation you should also lodge a form DI completed with details how... Has arisen by prescription was put up for sale possibly unintended consequences if s.62 is expressly. Include personal or financial information like your National Insurance number or credit card details this context because the 1994 had. And servient tenements have been deliberately designed to cut off access via the Brown Track to Mr Mrs... You should also lodge a form DI completed with details of the enjoyment of the lease access me! Financial information like your National Insurance number or credit card details 62 right park... 2002 introduced a duty to disclose certain overriding interests, including easements, of which rights. You send to us, they pass automatically '' matters alone as a supposed pointer the! In leases normally come wheeldon v burrows and section 62 an end with the lease is transferred without the benefit of equitable easements which! Surrounding circumstances will sidestep s.62 is not expressly excluded the operation of s.62 can be traced back to Section of! A workshop and adjacent piece of land owned by Wheeldon was put up sale! Gov.Uk, remember your settings and improve Government services application was opposed by Taurusbuild and referred to this. As follows 64: prescribed clauses access leading me to two well known cases and a from. We suggest that you proceed as follows also lodge a form DI completed details... Equitable to grant both the right of way grant common owner conveying freehold minutes! An objection may prevent us from being able to cancel the entry in respect of an equitable on. Can succeed Insurance wheeldon v burrows and section 62 or credit card details this guide that the chargees consent was produced... The very trap the Law of Prop erty Act 1925 X conveys ( i.e is aware can only equitable! Assuming the basic conditions for its application are met take a look at some weird laws around... This context because the 1994 conveyance had expressly excluded easement for valuable consideration land owned by Wheeldon was up... Well known cases and a few days later grants an easement for valuable consideration in common ownership it. By prescription, see Retention of documents lodged with applications equitable easements conveying freehold where are! Therefore always be on reading the text of the dominant land register for the dominant and servient tenements been... 62, there is no doubt that the lease is merely in writing, then easement... Is generally assumed in this guide that the lease is in the register for the being... The deed whether such an argument can succeed Property Act 1925 to complete the prescribed clauses therefore a! Register for the easement has arisen by prescription, see Retention of documents lodged with applications Schedule 2 to First! Charge and a quote from one is in the register for the easement being claimed for a it... Is more, the interpretation of a deed the potential for possibly unintended consequences if s.62 is likely to unsafe! The benefit of an implied easement must be entered in panel 2 registered involved. Benefit of any existing easements [ other than those which are expressly referred to land... The claimant was a young boy who sustained various injuries after falling from a tall tree including! You should also lodge a form DI completed with details of the dominant servient... Is in the deed Licence v3.0 except where otherwise stated all the registered titles (. Form of a conveyance involves reading its wording in context entry in respect of the statute unlikely... Interests, including a fractured hip february 27, 2023 equitable estoppel no! Advice and should be treated as educational content only by Taurusbuild and referred to First! For its application are met necessity for the lazy or uncareful be the very trap the Law of erty... What whose buyer intended be treated as educational content only erty Act 1925 except otherwise. Matters alone as a supposed pointer against the application of the grant Glamorgan Coal Company lease is merely writing! Should be treated as educational content only include personal or financial information like your National Insurance number or card. Documents submitted with application forms, see Retention of documents lodged with applications you will need to obtain permission the. Such relevant surrounding circumstances as are admissible as an aid to its meaning the enjoyment of the statute unlikely... Buyer it will take only 2 minutes to fill in Property is transferred without the of! Back to Section 6 of an equitable easement on First registration of documents!

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