Section 54 — Property Law Act 2007: Effect of no registration clause

54 Effect of no registration clause (1) This section applies to an instrument (whether coming into operation before, on, or after 1 January 2008) if— (a) it creates a lease of land, a mortgage over land, an easement, a profit à prendre , or a contract for the grant of an easement or a profit à prendre ; and (b) it contains a no registration clause; and (c) in the absence of a no registration clause, it would create an equitable interest in land capable of being enforced under the doctrine in Walsh v Lonsdale (1882) 21 Ch D 9. (2) The following provisions apply to an instrument: (a) it is to be treated for all purposes as creating an equitable interest in land; but (b) a court may not order the registration of the lease, mortgage, easement, or profit à prendre to which the instrument relates. (3) Subsection (2) applies to avoid doubt. (4) In this section, no registration clause means— (a) a provision that a lessee, mortgagee, or grantee of an easement or profit à prendre is not entitled to a registered lease, mortgage, easement, or profit à prendre (as the case may be); or (b) a provision to like effect.