There are two semi-detached houses: No. 12 (owner: Alice) and No. 14 (owner: Bob).
A single-lane drive sits entirely on Alice’s registered title and leads to garages behind both houses.
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Bob has used the drive openly, without permission, to reach his garage for 25 continuous years.
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The title register for No. 12 shows no easements in favour of No. 14.
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In 2005, Alice’s land was first registered.
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In 2015, Alice sold to Cara for market value. Cara checked the official copies—still no easements noted—and completed.
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In 2020, Cara erected a gate and told Bob to stop using the drive.
Under the Land Registration Act 2002, on the day the gate goes up, which statement is correct?
- A) Bob is out of luck—no easement is on the register, so Cara can block him.
- B) Bob has a prescriptive easement, but it doesn’t bind Cara because it wasn’t protected on the register at the 2015 sale.
- C) Bob has a prescriptive easement that binds Cara even though it isn’t noted on the register.
- D) Bob can only keep using it if he proves adverse possession over the driveway itself.
What’s your pick and why?