TRANSFER OF LAND ACT 1893 - TENTH SCHEDULE — Short and long forms of certain easements
TRANSFER OF LAND ACT 1893 - TENTH SCHEDULE
— Short and long forms of certain easements[s. 65(3)]
[Heading inserted: No. 19 of 2010 s. 38(9).]
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an easement for a right of footway |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees, agents and visitors,
at any time, to go, pass and repass on foot for any purpose, without vehicles,
to and from the dominant tenement or any such part of it by the way delineated
in this plan /diagram /instrument |
an easement for water supply purposes |
the right of every person, who for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees and agents, at any
time, to break the surface of, dig, open up and use that part of the land
within the servient tenement (described for that purpose in this plan /diagram
/instrument) for the purpose of laying down, fixing, taking up, repairing,
re-laying, replacing or examining pipes and of using and maintaining those
pipes for water supply purposes and to enter that land at any time (if
necessary with vehicles and equipment) for any of those purposes |
an easement for drainage purposes |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees and agents, at any
time, to break the surface of, dig, open up and use that part of the land
within the servient tenement (described for that purpose in this plan /diagram
/instrument) for the purpose of laying down, fixing, taking up, repairing,
re-laying, replacing or examining drains or drainage pipes and of using and
maintaining those drains and drainage pipes for drainage purposes and to enter
that land at any time (if necessary with vehicles and equipment) for any of
those purposes |
an easement for gas supply purposes |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees and agents, at any
time, to break the surface of, dig, open up and use that part of the land
within the servient tenement (described for that purpose in this plan /diagram
/instrument) for the purpose of laying down, fixing, taking up, repairing,
re-laying, replacing or examining pipes and of using and maintaining those
pipes for the purpose of supplying gas and to enter that land at any time (if
necessary with vehicles and equipment) for any of those purposes |
an easement for the transmission of electricity by overhead cable |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees and agents, at any time
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(a) to suspend cables across that part of the land
within the servient tenement (described for that purpose in this plan/diagram
/instrument) and construct supports for those cables; |
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(b) to inspect, alter, maintain, repair and
replace those cables and supports; |
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(c) to use the cables for the purpose of
transmitting electricity; |
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(d) to break the surface of, dig, open up and use
the land for any of the purposes referred to in paragraph (a), (b) or (c); and
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(e) to enter the land at any time (if necessary
with vehicles and equipment) for any of the purposes referred to in paragraph
(a), (b), (c) or (d) | |
an easement for the transmission of electricity by underground cable |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and for the person’s employees and agents, at any
time — |
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(a) to lay under the surface of that part of the
land within the servient tenement (described for that purpose in this plan
/diagram /instrument) ducts, pipes and cables; |
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(b) to inspect, alter, maintain, repair and
replace those ducts, pipes and cables; |
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(c) to use the cables for the purpose of
transmitting electricity; |
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(d) to break the surface of, dig, open up and use
the land for any of the purposes referred to in paragraph (a), (b) or (c); and
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(e) to enter the land at any time (if necessary
with vehicles and equipment) for any of the purposes referred to in paragraph
(a), (b), (c) or (d) | |
an easement for the transmission of television signals by underground cable |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees and agents, at any time
— |
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(a) to lay under the surface of that part of the
land within the servient tenement (described for that purpose in this plan
/diagram /instrument) ducts, pipes and cables; |
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(b) to inspect, alter, maintain, repair and
replace those ducts, pipes and cables; |
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(c) to use the cables for the purpose of
transmitting television signals; |
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(d) to break the surface of, dig, open up and use
the land for any of the purposes referred to in paragraph (a), (b) or (c); and
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(e) to enter the land at any time (if necessary
with vehicles and equipment) for any of the purposes referred to in paragraph
(a), (b), (c) or (d) | |
party wall rights |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement to use a
party wall within or bordering the servient tenement (described for that
purpose in this plan /diagram /instrument) for the support of the walls,
floors, ceilings, roofs or other parts of any building built or placed on the
dominant tenement |
an easement for eaves and gutters |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees and agents, at any
time, to construct, inspect, alter, maintain, repair, replace and use eaves,
gutters and downpipes over that part of the land within the servient tenement
(described for that purpose in this plan /diagram /instrument) and to enter
that land at any time for those purposes |
an easement for sewerage purposes |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees and agents, at any
time, to break the surface of, dig, open up and use that part of the land
within the servient tenement (described for that purpose in this plan /diagram
/instrument) for the purpose of laying down, fixing, taking up, repairing,
re-laying, replacing or examining pipes and of using and maintaining those
pipes for sewerage purposes and to enter that land at any time (if necessary
with vehicles and equipment) for any of those purposes |
an easement for motor vehicle parking |
the right of every person who, for the time being, is entitled to an estate or
interest in possession in the land indicated as the dominant tenement or any
part of the land with which the right is capable of enjoyment or in the case
of an easement in gross the person having the benefit of the easement and the
right for that person and the person’s employees, agents and visitors,
at any time, to park motor vehicles for the periods and for the times
specified in this plan /diagram /instrument |
[Tenth Schedule inserted as Schedule 9A: No. 81 of
1996 s. 149; amended: No. 6 of 2003 s. 83; renumbered as Tenth Schedule: No.
19 of 2010 s. 38(9).]
[Eleventh Schedule deleted: No. 81 of 1996 s. 151.]