The register shows a right of way over an unadopted lane. This is which type of property right?

Prepare for the CILEx F4 Property and Private Client Test. Utilize flashcards and multiple choice questions, complete with hints and detailed explanations. Ace your exam with thorough preparation!

Multiple Choice

The register shows a right of way over an unadopted lane. This is which type of property right?

Explanation:
The right of way over land is an easement. An easement is a non-possessory property right that attaches to the land (the dominant tenement) and burdens another piece of land (the servient tenement), allowing its owner to do something on that land—most commonly to pass over it. A right of way to traverse an unadopted lane fits this exactly: it lets the owner of the benefiting land move across someone else’s land without creating ownership or exclusive possession of the lane. This differs from a lease, which would grant exclusive possession for a term and effectively give someone some occupation rights. It isn’t a covenant, which is a promise about land use rather than a continuing right to use land itself. And it isn’t a license, which is a personal permission that can usually be revoked and does not create a right that runs with the land. Because it’s registered as an interest on title, it operates as a real right binding successors, not a bare permission.

The right of way over land is an easement. An easement is a non-possessory property right that attaches to the land (the dominant tenement) and burdens another piece of land (the servient tenement), allowing its owner to do something on that land—most commonly to pass over it. A right of way to traverse an unadopted lane fits this exactly: it lets the owner of the benefiting land move across someone else’s land without creating ownership or exclusive possession of the lane.

This differs from a lease, which would grant exclusive possession for a term and effectively give someone some occupation rights. It isn’t a covenant, which is a promise about land use rather than a continuing right to use land itself. And it isn’t a license, which is a personal permission that can usually be revoked and does not create a right that runs with the land. Because it’s registered as an interest on title, it operates as a real right binding successors, not a bare permission.

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