99Easements

99 Easements

(1)  When a sealed plan takes effect –

(a) the easements to be created in favour of the Crown or of any public or local authority constituted by or under any Act or appurtenant to a highway vest accordingly, except in the case of an easement to be appurtenant to a highway which vests upon the creation of the highway; and

(b) the other easements and the profits a prendre and covenants to be created come into being and continue as if created by the most effectual instruments made between proper parties and are not affected by –

(i) the unity of seisin of the lands having the burden and benefit of the easement or profit a prendre; or

(ii) identity of the parties to the covenant –

except that during such unity or identity they are in abeyance, to revive by force of this Part when it is broken or destroyed; and

(c) the Recorder of Titles may notify the existence of the easement, profit a prendre or covenant on the folio in respect of land –

(i) benefited by any easement or profit a prendre; or

(ii) burdened by any easement, profit a prendre or covenant.

(2)  An easement that would have been set out in the schedule of easements to a sealed plan is not to be implied from anything appearing in the plan or in a copy of the plan incorporated in another instrument.

(3)  If the schedule of easements to a sealed plan contains easements, profits a prendre and covenants which did not exist before the plan took effect and which affects land not comprised in the plan –

(a) the schedule is to be signed by the persons who between them are able to create them; and

(b) when the sealed plan takes effect those easements, profits a prendre and covenants are taken to have been created or made in the most effective manner by those persons.

(4)  Any drainage easement shown on a sealed plan for the benefit of a lot is taken to terminate at an outlet approved by the council.