I'm currently preparing my argument for my moot on land law and I am facing a problem regarding registered land in the 1980s, therefore prior to the enactment of the Land Registration Act 2002. I have a number of questions but first a brief overview:
A granted B and easement in the 1980s to pass over his land for convenience and it was registered on the charges register (both properties are registered). The trial judge held this couldn't be an easement as there was no defined path and a right to roam cannot be an easement, making it a bare licence. I am arguing that that ruling was incorrect and it was in fact an easement.
I need help regarding the law as it was in the 1980s. Books are not helping me and I'm struggling to find old legislation online. I've looked all over but I can't seem to find whether the Land Registration Act 2002 is retrospective regarding legal easements. If so, terrific. If not, would I need to use the Land Registration Act 1925 as my authority?
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- 04-03-2018 18:00