Applications to register easements using form AN1
Under Rule 90 of the Land Registration Rules 2003, when only the servient land is registered, applications to meet the registration requirements for easements can be made using either form AN1 or form AP1.
Previously, when an application was made using form AN1 we did not requisition for compliance with any relevant restriction on the servient title. If no such evidence was lodged, we simply proceeded to note the easement(s) in the usual way.
We have made a minor change to our practice so that we will always requisition for compliance with a restriction when an application is made using form AN1 in these circumstances.
If compliance is not provided, the text of the notice we enter will make it clearer to anyone inspecting the register that the registration requirements have not been met and that the easement does not operate at law (section 27(1) Land Registration Act 2002). This will offer greater clarity for customers and ensure applications are treated consistently.
Practice guide 62 has been updated with details of this change.
For more information on registering easements see our blogs Explaining easements – making the correct applications and How caseworkers investigate easements.
