Although a right of way had not been expressly granted by the owner of the servient tenement, the owner of the dominant tenement was entitled to enjoy the right of way as an overriding interest under the Land Registration Rules 1925 r.258. The restriction in the Land Registration Act 1925 s.82(3), on rectifying a register of the title to a property, did not apply to rectification for the purpose of giving effect to an overriding interest.

[2005] EWCA Civ 227

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