In the case of registered land it has been necessary to register express easements for them to be effective since the Land Registration Act 2002 came into force on 13 October 2003 (s27(2)(d) of the 2002 Act).
Legal easements arising by prescription or implied grant or reservation over registered land during the first three years of operation of the Land Registration Act 2002 have automatically been protected as overriding interests (Sched 12, para 10). As from 13 October 2006 any such interest will only be protected if the standard requirements for an easement to be overriding are satisfied (Sched 3, para 3).
