Express easement over registered land operates at law only when registered (LRA 2002 s.27)
Sana is the registered proprietor of a freehold house in York, England. In January 2026 she granted her neighbour Tom, by deed, a right of way on foot and with vehicles over her driveway, for the benefit of Tom's registered freehold house, for ever. Tom paid £6,000 for the right. Neither party has made any application to HM Land Registry.
Which of the following best describes the status of Tom's right of way at present?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: It takes effect in equity only, because an express grant of a legal easement over registered land does not operate at law until it is registered.
THE RULE TO REMEMBER
The express grant of a legal easement over registered land must be completed by registration; until then it does not operate at law and takes effect in equity only.
Express easement over registered land operates at law only when registered (LRA 2002 s.27)
Section 27(2)(d) of the Land Registration Act 2002 makes the express grant of an interest falling within s.1(2)(a) of the Law of Property Act 1925 (an easement for an interest equivalent to a fee simple absolute in possession) a disposition that must be completed by registration. Under s.27(1), such a disposition "does not operate at law until the relevant registration requirements are met". Tom's right was granted expressly by deed and is perpetual, so it is capable of being legal, but until it is registered it takes effect only in equity. Until it is registered, as an unprotected equitable easement it is at risk of being postponed to a later registered disposition of Sana's land for value.
Why A is wrong: A deed is necessary but not sufficient over registered land; s.27(1) withholds legal effect until registration.
Why B is wrong: Only legal easements can override under Sch 3 para 3, and this one is not yet legal; an expressly granted easement should be registered.
Why C is wrong: The grant is not void; it operates in equity until registration.
Why D is wrong: A grant by deed for value of a right capable of being an easement creates a proprietary interest, at least in equity, not a mere licence.
A little more practice done.
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