HM Land Registry publishes blog post on easement applications
HM Land Registry (HMLR) has published a blog post, addressing common issues associated with easement applications, aiming to assist conveyancers and legal professionals avoid common pitfalls. The post confirms that as an easement constitutes a disposition, under the Land Registration Act 2002 (LRA 2002) it must be registered to operate at law. It also provides guidance on the correct procedures for submitting applications. Key points include using form AP1 (or AN1 for unregistered legal estates) and ensuring all affected registered title numbers are included in the application. The blog also highlights that failing to apply against all relevant titles can result in significant issues, potentially rendering easements unenforceable against subsequent purchasers. For prescribed clauses leases, HMLR confirms that it will only make an appropriate entry for easements granted that are referred to in clause LR11. Additionally, LR2.2 must specify the landlord’s title number and any other title numbers over which the easements in LR11 are granted. If LR2.2 is properly completed, there is no need to make a further application.
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