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Right of way registered before 2003 rules
Right of way registered before 2003 rules
Posted
Tue, 17 Mar 2026 10:40:35 GMT
by
Aldous Button
Hi Adam A right of way was recorded on our title at first registration when we bought our property. What is recorded is as follows: '(09.06.1997) Notice entered in pursuance of rule 254 of the Land Registration Rules 1925 on 9 June 1997 that the registered proprietor claims that the land has the benefit of a right of way over the land tinted brown on the filed plan.' This is supported by a statutory declaration and plan held by HMLR but not referred to in the register. The burdened land was already registered but no entry was made in that title. Was that the standard way easements were registered at that time? Can you point me to a document that fully explains the old system? What is the right way to have the register updated to say that we have the benefit of a right of way (as described in Practice Guide 52) and to have an entry made on the title of the burdened land? Can I apply to have reference to the statutory declaration made in the register? Thanks
Posted
Tue, 17 Mar 2026 10:54:14 GMT
by
Adam Hookway
Hi Aldous - historically claimed easements/rights were noted in this way on the benefiting title. There is no document that would fully explains the old system and you should refer to Rule 254 of the old LRR If you wish to now make an application in form AP1 to note the burden of the easement on the subjective title then you can do so as appropriate. The application would be considered and processed in accordance with PG 52 inc notifying the subjective title holder for example
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