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Tom is the freehold owner of Elmwood Hall, a registered property, and has sold Gatekeeper's Cottage to Emily. Gatekeeper's Cottage is "landlocked" by the grounds of Elmwood Hall. In the transfer to Emily, Tom granted her an express easement for a fixed period to use Elmwood Hall's driveway for all purposes in connection with her ownership of Gatekeeper's Cottage. Emily does not register this easement at the Land Registry. Tom sells Elmwood Hall to Kevin, who seeks to prevent Emily from using the driveway. Which of the following statements best describes the legal position?
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Emily has the benefit of an equitable easement which does not override the transfer to Kevin. Since the easement has not been registered, it operates in equity only. Express easements must be registered to take effect as legal easements. Because Emily's easement was not registered, it does not override the registered disposition to Kevin, as express easements are excluded from overriding interests under Schedule 3 of the Land Registration Act 2002.
Key Point: For an express easement to be protected and enforceable against subsequent purchasers, it must be registered. Failure to do so means it will only operate in equity and will not override future registered dispositions.
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