164Imposition of statutory right of user in respect of land

164 Imposition of statutory right of user in respect of land (1) Subject to this section, if, for the purposes of using land in a reasonable manner, it is necessary that there should be a statutory right of user annexed to the land, the Court may, on the application of the owner of the land, impose on other land or the owner of the other land an obligation of user that is a statutory right of user or an obligation to permit a statutory right of user in accordance with the order. (2) A statutory right of user imposed by the Court may take the form of an easement, licence or otherwise. (3) The Court must not make an order referred to in subsection (1) unless the Court is satisfied that: (a) the proposed use of the dominant land is reasonable; (b) it is in the public interest to use the dominant land in the proposed manner; (c) the owner of the servient land can be adequately recompensed in money for any loss or disadvantage which the owner may suffer from the imposition of the obligation; and (d) either: (i) the owner of the servient land has refused to agree to accept the imposition of the obligation and the owner's refusal is in all circumstances unreasonable; or

Law of Property Act 2000 109 (ii) no person can be found who possesses the necessary capacity to agree to accept the imposition of the obligation. (4) An order made under this section: (a) is to provide for payment by the applicant to a person specified in the order of an amount by way of compensation or consideration as appears to the Court to be just; (b) may specify any other terms and impose any other conditions as the Court considers just including: (i) the person (and whether or not by his or her agents or employees) who may exercise the statutory right of user; (ii) the manner in which and the occasions when the statutory right of user may be exercised; (iii) that the statutory right of user is exercisable in perpetuity, for some fixed period or until a date certain; (c) is, unless the Court orders otherwise, to be registered; and (d) is, if registered, binding on all persons who have an interest or who will acquire an interest in the dominant land or the servient land, whether an adult or otherwise having capacity and whether they were parties to proceedings referred to in this Division or otherwise have notice of the order.