A was the registered proprietor of a fee simple estate, subject to a legal right of way granted by A's predecessor in title to a neighbour, B, to enable her to reach the public road from her own adjacent property. B has not in fact used the right for some time. This transaction has been noted on the Land Register.
A has now sold the estate to C, a property developer, who has been registered as proprietor at the Land Registry. C inspected the land before purchasing. However, at that stage he knew nothing of B's right of way (which showed no signs on the ground).
Is C bound by B's right?
My interpretation
S.1 LPA - easements legal interests in land]
Registered land - S.27(2)(d) LRA grant of an interest must be registered and S.38 LRA - whenever a person is registered as proprietor of an interest under S.27 the Registrar also enters a notice of that interest on the register.
The grant of the easement was not registered with the Land Registry and so not afforded protection on the register.
This is where I am stuck... because it was not protected under S.27, is it not capable of being a *legal* easement? Is it as simple as that or am I overthinking it? If it's not a legal easement because not registered, how does this affect priority on C?
Help at this question would be appreciated greatly...