Easements: Protect it or lose it!

Dechert LLP | Property Law Journal | March 2012 #285
Gillian Baxter reflects on when an informally created easement is enforceable against a purchaser of the land over which it is exercised ‘To provide greater certainty, the Land Registration Act 2002 reduced the number of unregistered rights that bind a purchaser, making it even more important that easements are protected on the register.’ A recent …

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Competing Rights: Tenants v mortgagees

Shepherd and Wedderburn LLP | Property Law Journal | February 2011 #263
Who ranks in priority in possession proceedings? A recent decision in the High Court provides some answers, as Kathleen Fitzgerald reports ‘The matter of whether the mortgagees’ priority could be adversely affected is governed solely by the provisions of the Land Registration Act 2002.’In Re North East Property Buyers Litigation [2010] the English High Court …

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