Schedule 3 - Unregistered interests which override registered dispositions

Part of Land Registration Bill [Lords] – in a Public Bill Committee at 2:45 pm on 13 December 2001.

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Photo of Michael Wills Michael Wills Parliamentary Secretary, Lord Chancellor's Department, Parliamentary Secretary (Lord Chancellor's Department) 2:45, 13 December 2001

The hon. Gentleman is rendering me valuable assistance. I have never fired a shot at anything in my life, and he obviously has much greater knowledge of such things than I do. In those circumstances, I think that it would be a reasonable assumption that those people were occupying the land as a result of some sort of right. I will return to the point about rights of way very shortly.

A legal easement, such as I was discussing, might occur if at the time of a registered transfer there were a private right of way, the existence of which was patent to the eye. The words ''patent to the eye'' and ''inspection'' cover a multitude of terms here. Someone could be sent to look at the land to see whether paths were clear and maintained. One might see posses of ramblers rambling over it, presumably in pursuit of some existing right of way, or people shooting, as we have already discussed. There are ways in which one might reasonably assume that a right of way existed. If that were patent to the eye, the buyer would be bound by it, even if they did not know details of the particular right under which the way was used, or who the users were.

I hope that that addresses, to some extent, the hon. Gentleman's point and that, in the light of that, he will consider withdrawing the amendment.