SCHEDULES

SCHEDULE 3 E+WUnregistered interests which override registered dispositions

Modifications etc. (not altering text)

C1 Sch. 3 excluded (24.2.2003.) by 1985 c. 68, Sch. 9A para. 6(1) (as substituted by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(10) (with s. 129); S.I. 2003/120, art. 2 (subject to transitional provisions and savings)

Easements and profits a prendre E+W

3 (1) A legal easement or profit a prendre, except for an easement, or a profit a prendre which is not registered under [F1 Part 1 of the Commons Act 2006], which at the time of the disposition—

(a) is not within the actual knowledge of the person to whom the disposition is made, and

(b) would not have been obvious on a reasonably careful inspection of the land over which the easement or profit is exercisable.

(2) The exception in sub-paragraph (1) does not apply if the person entitled to the easement or profit proves that it has been exercised in the period of one year ending with the day of the disposition.

Textual Amendments

F1 Words in Sch. 3 para. 3(1) substituted (31.10.2011 for E. in relation to the pilot areas) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 8(4) (with s. 60); S.I. 2011/2460, art. 2(b)