88AEasements in gross

#### 88A Easements in gross 88A Easements in gross > > (1) In this section— > > > > prescribed authority means— > > > > > (a) the Crown, or > > > > > (b) a public or local authority constituted by an Act, or > > > > > (c) a corporation prescribed by the regulations for the purposes of this section. > > > (1A) An easement without a dominant tenement may be created in favour of a prescribed authority, and any such easement may be assured to a prescribed authority. > > > (1B) However, an easement without a dominant tenement may only be created in favour of, or assured to, a corporation prescribed by the regulations for the purposes of this section if the easement is for the purpose of, or incidental to, the supply of a utility service to the public, including (but not limited to)— > > > > > (a) the supply of gas, water or electricity, or > > > > > (b) the supply of drainage or sewage services. > > > (1C) Nothing in subsection (1B) prevents the creation by a corporation prescribed by the regulations for the purposes of this section of an easement for the purpose of, or incidental to, the provision of rail infrastructure facilities. > > > (2) In an instrument which— > > > > > (a) takes effect on or after 15 June 1964 (the commencement of the [Local Government and Conveyancing (Amendment) Act 1964](/view/pdf/asmade/act-1964-15)), > > > > > (b) purports to create a right-of-way or drainage easement without a dominant tenement, and > > > > > (c) purports to create or assure such a right-of-way or drainage easement in favour of or to a prescribed authority, > > > > the expressions “right of carriage way”, “right of footway”, “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 Schedule 4A. > > > (2A) In an instrument which takes effect after the commencement of Schedule 1\[5\] to the [Property Legislation Amendment (Easements) Act 1995](/view/pdf/asmade/act-1995-71) and purports to create or assure an easement without a dominant tenement of the following kind in favour of or to a prescribed authority, the following expressions have effect as if the words attributed in Schedule 4A to those expressions were inserted instead— > > > > > easement for repairs > > > > > easement for drainage of sewage > > > > > easement for drainage of water > > > > > easement for electricity purposes > > > > > easement for services > > > > > easement for water supply > > > > > right of access > > > (2B) The meaning given to an expression by this section and Schedule 4A may be varied (whether by way of addition, exception, qualification or omission), and is taken to have always been capable of being so varied, by the instrument in which the expression is used. > > > (2C) In Schedule 4A— > > > > > (a) a body includes any person for the time being authorised by the body, and > > > > > (b) a lot includes any other distinct piece or parcel of land (such as an island, a portion of a Parish or a Section). > > > (2D) The power conferred by this section is taken always to have existed. However, the power conferred by this section on a corporation prescribed by the regulations for the purposes of this section confers that power on and from the date the corporation is first so prescribed if the regulations so provide. > > > (2E) The restriction imposed by subsection (1B) on the power conferred by this section does not apply to an easement created or assured before the commencement of that subsection. > > > (3) This section applies and shall be deemed always to have applied to land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > > (4)–(8) (Repealed) > > **s 88A:** Ins 1930 No 44, sec 19 (b). Am 1932 No 65, sec 3 (1) (b); 1964 No 15, sec 3 (b); 1979 No 171, Sch 2 (2); 1991 No 53, Sch 1; 1992 No 34, Sch 2; 1994 No 41, Sch 3; 1994 No 88, Sch 7; 1995 No 71, Sch 1 \[4\] \[5\]; 1995 No 95, Sch 4.5 \[2\]; 1996 No 56, Sch 2; 1997 No 17, Sch 1 \[5\]–\[9\]; 2004 No 31, Sch 2.1 \[2\].