• Need To Register An Additional Agreement

    By Guest on 04th Nov 2016

    My land is already registered. A neighbour has a right to park on my land and in 2009 he signed an agreement to park in a different place (still on the registered land). Should this have been registered. And if so and it has not will it still be legally binding (assuming drafted correctly)?

  • 1 Answers

    By Guest on 07/11/2016

    If the document complies with s1 of the Law of Property (Miscellaneous Provisions) Act 1989 (which sets out the formalities for a deed) and assuming it satisfies the test for an easement set out in Re Ellenborough Park then it will bind your land and benefit your neighbour's land for all time regardless of registration. if it does not comply with s1 then it may still qualify as an equitable easement in which it will bind future owners of your land provided they have notice of it and it will benefit future owners of your neighbour's land. Alternatively it may only be a licence, which is personal to the two of you and is revocable by you subject to any estoppel considerations

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