an implied easement which has been used within one year immediately prior to the transfer will only bind a purchaser of the burdened estate who was aware of it as an overriding interest under Schedule 3, paragraph 3 Land Registration Act 2002.

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Quizplus · Accepted Answer

An implied easement does not automatically bind a purchaser as an overriding interest under Schedule 3, paragraph 3 of the Land Registration Act 2002. Overriding interests are specific rights that are not necessarily registered but bind purchasers regardless of whether they are aware of them. Implied easements typically need to be disclosed or discovered through due diligence; their binding nature depends on various factors, including how they were created and whether they are apparent or necessary for the enjoyment of the land.

An Implied Easement Which Has Been Used Within One Year