6Licences to embank highways

6 Licences to embank highways

(1)  *[Section 6 Subsection (1) amended by No. 19 of 1980, s. 171 and Sched. 1, Pt. 2 ]*Where the owner of land makes a grant in the form in Schedule 1 to the highway authority having the control of an adjoining highway, it shall –

(a) be deemed to create an interest in the grantor's land to which the powers thereby granted are accessory;

(b) enure for the benefit of, and bind, any other highway authority succeeding to the control of the adjoining highway; and

(c) if the grantor's land is registered, be capable of registration as if it were an easement over the grantor's land appurtenant to some estate of the highway authority and its successors in control in the adjoining highway, but shall not be deemed to be an easement for the purposes of section 40 of the Land Titles Act 1980 .

(2)  The Crown, or any highway authority empowered to take land for highway purposes, may acquire the rights flowing from such a grant as if those rights were land.