OpenLegislation

Paragraph 3 Easements and profits a prendre

England and Wales

F1(1)

A legal easement or profit a prendre, except for an easement, or a profit a prendre which is not registered under Part 1 of the Commons Act 2006, which at the time of the disposition—

(a)

is not within the actual knowledge of the person to whom the disposition is made, and

(b)

would not have been obvious on a reasonably careful inspection of the land over which the easement or profit is exercisable.

(2)

The exception in sub-paragraph (1) does not apply if the person entitled to the easement or profit proves that it has been exercised in the period of one year ending with the day of the disposition.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 3(1) substituted (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 8(4) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

Notes on Schedule 3

Modifications

C1

Sch. 3 excluded (24.2.2003.) by 1985 c. 68, Sch. 9A para. 6(1) (as substituted by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(10) (with s. 129); S.I. 2003/120, art. 2 (subject to transitional provisions and savings)