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CELE SQE1 模拟练习

Examination Timing: 00H01M12S

David and Sarah own two registered freehold properties which are adjacent to each other. David grants Sarah a right of way over his land so that Sarah can gain access to the public highway. The right of way is granted in a deed. Sarah wishes to register this interest at HM Land Registry to ensure that it is protected. Which of the following statements best describes the legal position?

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Sarah should register the right of way using an agreed notice on her own title and an agreed notice on David's title. The fact that David granted the right of way by deed means that she will be able to evidence to the Registrar that the interest she is claiming is valid, and therefore she should use an agreed notice rather than a unilateral notice, and David's express consent is not necessary. She will need to note the right in the Proprietorship Register of her own title (as a right benefitting her land) and in the Charges Register of David's title (as a right encumbering David's land). 

Key Point: When registering a right of way or any similar interest granted by deed, the appropriate method is to use agreed notices, which do not require the grantor's consent. The right should be noted in the respective registers of both titles involved to ensure comprehensive protection of the interest.



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