If you are thinking of entering into a short-term lease of premises for a term of 7 years or less and the lease grants you rights over your landlord’s property or adjoining land, then you should ensure that these rights are properly protected by registration at the Land Registry.
Whilst it is true that leases for 7 years or less cannot be registered in their own right at the Land Registry, any easements which are granted in the lease must be registered against the landlord’s registered title to take legal effect. If the easements are not sufficiently registered then these will take effect as equitable easements only.
If you need to enforce a particular right in the future (i.e. a right of way) and the easement only has equitable status, then it is at the discretion of the courts to decide whether this easement should be enforced. Whereas, if a legal easement can be established then it is not open for discussion in the courts and the right is enforceable. As such, we strongly advise that any easements are sufficiently registered to avoid any complications down the line.
If you are considering entering into a short-term lease and require further information, please get in touch with our team of experts at info@ramsdens.co.uk or call us on 01484 821 500.