LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 - SECT 99 Easements
LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 - SECT 99
Easements
(1) When a sealed plan takes effect (a) the easements to be created in favour of the Crown or of any public or local authority constituted by or under any Act or appurtenant to a highway vest accordingly, except in the case of an easement to be appurtenant to a highway which vests upon the creation of the highway; and(b) the other easements and the profits a prendre and covenants to be created come into being and continue as if created by the most effectual instruments made between proper parties and are not affected by except that during such unity or identity they are in abeyance, to revive by force of this Part when it is broken or destroyed; and(i) the unity of seisin of the lands having the burden and benefit of the easement or profit a prendre ; or(ii) identity of the parties to the covenant (c) the Recorder of Titles may notify the existence of the easement, profit a prendre or covenant on the folio in respect of land (i) benefited by any easement or profit a prendre ; or(ii) burdened by any easement, profit a prendre or covenant.(2) An easement that would have been set out in the schedule of easements to a sealed plan is not to be implied from anything appearing in the plan or in a copy of the plan incorporated in another instrument.(3) If the schedule of easements to a sealed plan contains easements, profits a prendre and covenants which did not exist before the plan took effect and which affects land not comprised in the plan (a) the schedule is to be signed by the persons who between them are able to create them; and(b) when the sealed plan takes effect those easements, profits a prendre and covenants are taken to have been created or made in the most effective manner by those persons.(4) Any drainage easement shown on a sealed plan for the benefit of a lot is taken to terminate at an outlet approved by the council.