An equitable easement (a right of way), which was not protected by any entry on the register, was a right openly exercised and enjoyed as appurtenant, in this case to a garage, and it adversely affected registered land as an overriding interest. The court generally considered the availability of a remedy for infringement of a … Continue reading Celsteel Ltd v Alton House Holdings Ltd: ChD 1985
LRA KEYWORDS: right of way for all purposes over part of bellmouth entrance way adjoining A2 – proprietary estoppel – Land Registration Act 2002, Sch 12, para 9) – Land Registration Rules 1925, r 258 – . .
The Court rejected the contention that Celsteel was wrongly decided and that the Rule only applied to legal easements. The court followed Celsteel and applied it to equitable easements, holding them to be overriding interests by virtue of Rule 258. . .