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),

(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 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—