Registration requirements differ slightly for rentals of registered titles (Section 27(2)(b) of the 2002 Land Code) and unregistered titles (Section 4(1)(d), (e) and (f) of the 2002 Land Code), see Practice Guide 25: Leases – when it is appropriate to register for more details. Under the Land Registration Act 1925, it was possible for an easement or profit to be an overriding interest if it was openly exercised and valued (Celsteel Limited against Alton House Holdings Limited [1985] 1 WLR 204; Thatcher vs. Douglas (1996) 146 NLJ 282). This is no longer the case under the 2002 Basic Law. One of the effects of this transitional provision is therefore to preserve the general status of existing easements and equitable benefits. But it can only concern land that has already been registered; Only legal easements or profits can now terminate the initial registration. How much can the landowner expect to earn? Unfortunately, financial negotiation is another challenge during Wayleave negotiations. Some landowners have excessive expectations and therefore expect much more than service providers are willing to pay. Many factors can determine the viability of an agreement, including location, soil conditions and topography. To put it simply, it all depends on the nature of the project! Panel 11 of Form AP1 refers to the overt interests to be disclosed. You should complete this panel when applying to register a filing order for which overt interests must be disclosed. What is a Wayleave? A wayleave is a legally binding agreement between a landowner and a telecommunications, supply or fiber optic provider, which allows access to the installation and then maintenance or management of network cables and equipment above or outside the territory.

The House of Commons, the House of Lords and the Royal Commission charged with preparing the Law of Prosperity (1925) agreed that it would be inappropriate for many categories of interests to expect certain interests to qualify them as overr interests to be registered. Their list was reformed and simplified under the 2002 legislation, as part of reforms staggered between that year and 2013. The general interest is a concept of English land law. .