181AConstruction of expressions used to create easements

181A Construction of expressions used to create easements

181A Construction of expressions used to create easements

(1) In an instrument executed or made after 1 January 1931 (the commencement of the Conveyancing (Amendment) Act 1930) and purporting to create a right-of-way the expressions right of carriage way and right of footway have the same effect as if there had been inserted in lieu thereof respectively the words contained in Part 1 or Part 2 of Schedule 8.

(1A) In an instrument executed or made after 15 June 1964 (the commencement of the Local Government and Conveyancing (Amendment) Act 1964) and purporting to create a drainage easement the expressions 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 Part 3 or Part 4 of Schedule 8.

(2) In an instrument which takes effect after the commencement of Schedule 1[16] to the Property Legislation Amendment (Easements) Act 1995 and purports to create an easement of the following kind, the following expressions have effect as if the words attributed in Schedule 8 to those expressions were inserted instead—

easement for repairs

easement for batter

easement for drainage of sewage

easement for drainage of water

easement for electricity purposes

easement for overhang

easement for services

easement for water supply

easement to permit encroaching structure to remain

right of access

(2A) In an instrument that takes effect after the commencement of section 177 (as inserted by Schedule 1[1] to the Conveyancing Amendment (Law of Support) Act 2000) and purporting to create an easement for removal of support, the expression easement for removal of support has effect as if the words attributed in Part 15 of Schedule 8 to that expression were inserted instead.