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The Land Registration (Amendment) Rules 2008

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New rule 73A to replace rules 73, 74 and 75

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24.  For rules 73, 74 and 75 substitute—

“Application for register entries for legal easements and profits a prendre

73A.—(1) A proprietor of a registered estate may apply to be registered as the proprietor of a legal easement or profit a prendre which—

(a)has been expressly granted or reserved over an unregistered estate, or

(b)has been acquired otherwise than by express grant or reservation.

(2) The application must be accompanied by evidence to satisfy the registrar that the easement or profit a prendre is a legal estate which subsists for the benefit of the applicant’s registered estate.

(3) In paragraph (1)(a) the reference to express grant does not include a grant as a result of the operation of section 62 of the Law of Property Act 1925, but the reference in paragraph (1)(b) to acquisition otherwise than by express grant does include an acquisition as a result of the operation of that section.

(4) The evidence referred to in paragraph (2) may consist of, or include, a statement of truth, which may be made in Form ST4, if appropriate.

(5) Where the registrar is not satisfied that the right claimed is a legal estate which subsists for the benefit of the applicant’s registered estate, the registrar may enter details of the right claimed in the property register with such qualification as he considers appropriate.”.

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