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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).]

Column 1

Short form description

of easement

Column 2

Long form description

of easement

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 —



(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;



(b)         to inspect, alter, maintain, repair and replace those cables and supports;



(c)         to use the cables for the purpose of transmitting electricity;



(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



(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 —



(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;



(b)         to inspect, alter, maintain, repair and replace those ducts, pipes and cables;



(c)         to use the cables for the purpose of transmitting electricity;



(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



(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 —



(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;



(b)         to inspect, alter, maintain, repair and replace those ducts, pipes and cables;



(c)         to use the cables for the purpose of transmitting television signals;



(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



(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.]