REAL PROPERTY ACT 1886 - SECT 90F
REAL PROPERTY ACT 1886 - SECT 90F
90F—Easement subject to existing mortgage etc
If, when an easement is created over servient land, the dominant land, or any
part of it, is subject to a mortgage or an encumbrance, the easement is also
subject to the mortgage or encumbrance if—
(a) the
instrument granting the easement provides that it is subject to the mortgage
or encumbrance; and
(b) the
mortgagee or encumbrancee has endorsed his or her consent to that on the
instrument.