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CONVEYANCING ACT 1919 - SECT 181A
Construction of expressions used to create easements
181A Construction of expressions used to create easements
(1) In an instrument executed or made after 1 January 1931 (the commencement
of the Conveyancing (Amendment) Act 1930 ) and purporting to create a
right-of-way the expressions
"right of carriage way" and
"right of footway" have the same effect as if there had been inserted in lieu
thereof respectively the words contained in Part 1 or Part 2 of Schedule 8.
(1A) In an instrument executed or made after 15 June 1964 (the commencement of
the Local Government and Conveyancing (Amendment) Act 1964 ) and purporting to
create a drainage easement the expressions
"easement to drain water" and
"easement to drain sewage" have the same effect as if there had been inserted
in lieu thereof respectively the words contained in Part 3 or Part 4 of
Schedule 8.
(2) In an instrument which takes effect after the commencement of
Schedule 1[16[#93] to the Property Legislation Amendment (Easements) Act 1995
and purports to create an easement of the following kind, the following
expressions have effect as if the words attributed in Schedule 8 to those
expressions were inserted instead-- easement for repairs
easement for batter
easement for drainage of sewage
easement for drainage of water
easement for
electricity purposes
easement for overhang
easement for services
easement
for water supply
easement to permit encroaching structure to remain
right of
access
(2A) In an instrument that takes effect after the commencement of
section 177 (as inserted by Schedule 1[1[#93] to the
Conveyancing Amendment (Law of Support) Act 2000 ) and purporting to create
an easement for removal of support, the expression
"easement for removal of support" has effect as if the words attributed in
Part 15 of Schedule 8 to that expression were inserted instead.
(3) The
meaning given to an expression by this section and Schedule 8 may be varied
(whether by way of addition, exception, qualification or omission), and is
taken to have always been capable of being varied, by the instrument in which
the expression is used.
(3A) In Schedule 8-- (a) a lot includes any other
distinct piece or parcel of land (such as an island, a portion of a Parish or
a Section), and
(b) an owner of a lot benefited includes-- • any person
entitled to possession of the whole of the lot benefited or any person
authorised by such a person, and
• any person entitled to possession of
any part of that lot which is capable of benefiting from the easement or any
person authorised by such a person.
(4) This section extends to dealings
under the Real Property Act 1900 .
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