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](/view/pdf/asmade/act-1930-44)) 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](/view/pdf/asmade/act-1964-15)) 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](/view/pdf/asmade/act-1995-71) 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of section 177 (as inserted by Schedule 1\[1\] to the [Conveyancing Amendment (Law of Support) Act 2000](/view/html/repealed/current/act-2000-012)) and purporting to create an easement for removal of support, the expression easement for removal of support has effect as if the words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. > > > (3) The meaning given to an expression by this section and Schedule 8 may be varied (whether by way of addition, exception, qualification or omission), and is taken to have always been capable of being varied, by the instrument in which the expression is used. > > > (3A) In Schedule 8— > > > > > (a) a lot includes any other distinct piece or parcel of land (such as an island, a portion of a Parish or a Section), and > > > > > (b) an owner of a lot benefited includes— > > > > > > > • any person entitled to possession of the whole of the lot benefited or any person authorised by such a person, and > > > > > > > • any person entitled to possession of any part of that lot which is capable of benefiting from the easement or any person authorised by such a person. > > > (4) This section extends to dealings under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > **s 181A:** Ins 1930 No 44, sec 31 (a). Am 1932 No 65, sec 3 (1) (j); 1964 No 15, sec 3 (d); 1972 No 17, sec 18 (b); 1995 No 71, Sch 1 \[14\]–\[16\]; 2000 No 12, Sch 1 \[2\].