Legal Easements Acquired by Implied Acquisition or by Prescription While these easements may not be evident in any documentation, they still have the ability to bind subsequent purchasers of the servient tenement. This is because such easements are ‘overriding interests’ (if one of the conditions in LRA 2002, [...]is satisfied) and thus will bind any subsequent owner of the servient tenement (irrespective of not appearing anywhere on the register), provided:
(i) the easement is within the actual knowledge of the person to whom the disposition is being made; or
(ii) it is obvious on a reasonably careful inspection of the land over which the easement is exercisable; or
(iii) it has been exercised within a year before the date of the purchase.
Answer
Sch 3 para 3
Tags
#easements #land #law
Question
Legal Easements Acquired by Implied Acquisition or by Prescription While these easements may not be evident in any documentation, they still have the ability to bind subsequent purchasers of the servient tenement. This is because such easements are ‘overriding interests’ (if one of the conditions in LRA 2002, [...]is satisfied) and thus will bind any subsequent owner of the servient tenement (irrespective of not appearing anywhere on the register), provided:
(i) the easement is within the actual knowledge of the person to whom the disposition is being made; or
(ii) it is obvious on a reasonably careful inspection of the land over which the easement is exercisable; or
(iii) it has been exercised within a year before the date of the purchase.
Answer
?
Tags
#easements #land #law
Question
Legal Easements Acquired by Implied Acquisition or by Prescription While these easements may not be evident in any documentation, they still have the ability to bind subsequent purchasers of the servient tenement. This is because such easements are ‘overriding interests’ (if one of the conditions in LRA 2002, [...]is satisfied) and thus will bind any subsequent owner of the servient tenement (irrespective of not appearing anywhere on the register), provided:
(i) the easement is within the actual knowledge of the person to whom the disposition is being made; or
(ii) it is obvious on a reasonably careful inspection of the land over which the easement is exercisable; or
(iii) it has been exercised within a year before the date of the purchase.
Answer
Sch 3 para 3
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it hile these easements may not be evident in any documentation, they still have the ability to bind subsequent purchasers of the servient tenement. This is because such easements are ‘overriding interests’ (if one of the conditions in LRA 2002, <span>Sch 3 para 3 is satisfied) and thus will bind any subsequent owner of the servient tenement (irrespective of not appearing anywhere on the register), provided:
(i) the easement is within the act
Original toplevel document (pdf)
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