Land Registration Act 2002 Explanatory Notes

Easements and profits à prendre

228. Paragraph 3 provides that the priority of a legal easement or profit à prendre is protected without the need for registration, but, unlike the situation on first registration, there are exceptions which give this provision a much more limited scope. Any person who acquires an interest for valuable consideration under a registered disposition will only be bound by an easement or profit that is an overriding interest if:

i)

it is registered under the Commons Registration Act 1965;

ii)

he or she actually knows of it;

iii)

it is patent; (in other words, it is obvious on a reasonably careful inspection of the land over which the easement or profit is exercisable, so that no seller of land would be obliged to disclose it); or

iv)

it has been exercised within the period of one year before the disposition.