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A woman owns an unregistered, freehold house with a large garden. In consideration of £10,000, she grants her neighbour the right to use a pathway over her garden in perpetuity.
The woman and the neighbour enter into a deed drafted by the woman’s solicitor recording all the agreed terms.
Must the woman’s solicitor register this legal easement?
A. Yes, because it is granted after 1925 it must be registered as a D(iii) land charge.
B. Yes, because it triggers first registration of the freehold and must be protected by a notice on the Charges Register of the newly registered freehold title.
C. No, because it is a registrable disposition but is subject to the doctrine of notice.
D. No, because it binds the world.
E. No, because it triggers first registration of the freehold and is protected as an overriding interest.
D - No, because it binds the world.
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