20Restrictions on the perpetuity rule

20 Restrictions on the perpetuity rule

The rule against perpetuities does not apply, and is taken never to have applied –

(a) to a power to distrain on, or to take possession of, land or the income from land by way of indemnity against a rent, whether charged on, or payable in respect of, a part of that land or not; or

(b) to a rentcharge created only as an indemnity against another rentcharge, although the indemnity rentcharge may arise or become payable only on breach of a condition or stipulation; or

(c) to a power, whether exercisable on breach of a condition or stipulation or not, to retain or withhold payment of any instalment of a rentcharge as an indemnity against another rentcharge; or

(d) to a grant, exception or reservation of and right of entry on, or user of, the surface of land or of any easements, rights or privileges over or under land for the purpose of –

(i) winning, working, inspecting, measuring, converting, manufacturing, carrying away or disposing of mines or minerals; or

(ii) inspecting, grubbing up, felling or carrying away timber, other trees or parts of trees; or

(iii) executing repairs, alterations or additions to any adjoining land, or the buildings or structures on land; or

(iv) constructing, laying down, altering, repairing, renewing, cleansing or maintaining sewers, watercourses, cesspools, gutters, drains, water-pipes, gas-pipes, electric wires or cables or other similar works; or

(e) to a grant, exception or reservation of an easement to carry away sewage, sullage, stormwater or other surplus water through a sewer or drain that may be made at an indefinite future time although the owner of the dominant tenement has no right to make or enforce the making of that sewer or drain; or

(f) where an easement as referred to in paragraph (e) has been created, to the right for the owner of the dominant tenement and the owner's surveyors and workers from time to time and at all times after the sewer or drain has been made to enter on the land through which it passes and to inspect, repair, cleanse and alter the sewer or drain without doing unnecessary damage to the land.