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CONVEYANCING ACT 1919 - SECT 88A
Easements in gross
88A Easements in gross
(1) In this section-
"prescribed authority" means- (a) the Crown, or
(b) a public or local
authority constituted by an Act, or
(c) a corporation prescribed by the
regulations for the purposes of this section.
(1A) An easement without a
dominant tenement may be created in favour of a prescribed authority, and any
such easement may be assured to a prescribed authority.
(1B) However, an
easement without a dominant tenement may only be created in favour of, or
assured to, a corporation prescribed by the regulations for the purposes of
this section if the easement is for the purpose of, or incidental to, the
supply of a utility service to the public, including (but not limited to)- (a)
the supply of gas, water or electricity, or
(b) the supply of drainage or
sewage services.
(1C) Nothing in subsection (1B) prevents the creation by a
corporation prescribed by the regulations for the purposes of this section of
an easement for the purpose of, or incidental to, the provision of rail
infrastructure facilities.
(2) In an instrument which- (a) takes effect on or
after 15 June 1964 (the commencement of the Local Government and Conveyancing
(Amendment) Act 1964 ),
(b) purports to create a right-of-way or drainage
easement without a dominant tenement, and
(c) purports to create or assure
such a right-of-way or drainage easement in favour of or to a
prescribed authority,
the expressions “right of carriage way”, “right of
footway”, “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 Schedule 4A.
(2A) In an instrument which
takes effect after the commencement of Schedule 1[5[#93] to the Property
Legislation Amendment (Easements) Act 1995 and purports to create or assure an
easement without a dominant tenement of the following kind in favour of or to
a prescribed authority, the following expressions have effect as if the words
attributed in Schedule 4A to those expressions were inserted instead- easement
for repairs
easement for drainage of sewage
easement for drainage of water
easement for electricity purposes
easement for services
easement for water
supply
right of access
(2B) The meaning given to an expression by this
section and Schedule 4A may be varied (whether by way of addition, exception,
qualification or omission), and is taken to have always been capable of being
so varied, by the instrument in which the expression is used.
(2C) In
Schedule 4A- (a) a body includes any person for the time being authorised by
the body, and
(b) a lot includes any other distinct piece or parcel of land
(such as an island, a portion of a Parish or a Section).
(2D) The power
conferred by this section is taken always to have existed. However, the power
conferred by this section on a corporation prescribed by the regulations for
the purposes of this section confers that power on and from the date the
corporation is first so prescribed if the regulations so provide.
(2E) The
restriction imposed by subsection (1B) on the power conferred by this section
does not apply to an easement created or assured before the commencement of
that subsection.
(3) This section applies and shall be deemed always to have
applied to land under the provisions of the Real Property Act 1900 .
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