sec.17AEasements in certain leasehold building units plans

### sec.17A Easements in certain leasehold building units plans In this section— drainage and service have the meanings given to them in section 17 . instrument means an instrument in the approved form. (new) Where— a leasehold building units plan relates to a stratum parcel; and an instrument has or has had the effect of creating after the commencement of this Act a right of vehicular access, a right of personal access or an easement for a specified service or services, over or through or as appurtenant to the stratum parcel or the land comprised in that parcel; and the site of the easement is identified on a plan lodged in the land registry; the rights and obligations conferred or imposed by the easement created by the instrument shall be as specified in schedule 5 , except in so far as those rights or obligations may have been varied or negatived under this section or in the instrument. (new) Nothing in the Land Title Act 1994 or any other enactment or in subsection (2) (c) requires the site of an easement for services, being an easement to which this section applies, to be identified on a plan lodged in the land registry. (new) The terms of an easement created under subsection (2) in so far as they relate to— responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement; or the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things; may be varied by memorandum of variation in the approved form and registered under the Land Title Act 1994 as if it were a dealing. (new) A variation of the terms of an easement referred to in subsection (4) must be executed by every person having an estate or interest registered under the Land Title Act 1994 in the land benefited or burdened by the easement. (new) On the application of any person who has an estate or interest in any land which has the benefit or burden of an easement to which this section applies, the Court may, by order, vary the terms of the easement in so far as they relate to— responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement; or the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things. (new) An order under subsection (6) shall, when registered as provided by subsection (8) , be binding on all persons, whether of full age or capacity or not, then entitled or later becoming entitled to the easement, and whether those persons are parties to the proceedings or have been served with notice or not. (new) The registrar of titles shall, on application made in a form approved under the Land Title Act 1994 , make all necessary recordings in the register and on the leasehold building units plan for giving effect to the order. (new) An instrument or memorandum of variation must be executed as required under the Land Title Act 1994 , section 161 . (new) (sec.17A-ssec.1) In this section— drainage and service have the meanings given to them in section 17 . instrument means an instrument in the approved form. (new) (sec.17A-ssec.2) Where— a leasehold building units plan relates to a stratum parcel; and an instrument has or has had the effect of creating after the commencement of this Act a right of vehicular access, a right of personal access or an easement for a specified service or services, over or through or as appurtenant to the stratum parcel or the land comprised in that parcel; and the site of the easement is identified on a plan lodged in the land registry; the rights and obligations conferred or imposed by the easement created by the instrument shall be as specified in schedule 5 , except in so far as those rights or obligations may have been varied or negatived under this section or in the instrument. (new) (sec.17A-ssec.3) Nothing in the Land Title Act 1994 or any other enactment or in subsection (2) (c) requires the site of an easement for services, being an easement to which this section applies, to be identified on a plan lodged in the land registry. (new) (sec.17A-ssec.4) The terms of an easement created under subsection (2) in so far as they relate to— responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement; or the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things; may be varied by memorandum of variation in the approved form and registered under the Land Title Act 1994 as if it were a dealing. (new) (sec.17A-ssec.5) A variation of the terms of an easement referred to in subsection (4) must be executed by every person having an estate or interest registered under the Land Title Act 1994 in the land benefited or burdened by the easement. (new) (sec.17A-ssec.6) On the application of any person who has an estate or interest in any land which has the benefit or burden of an easement to which this section applies, the Court may, by order, vary the terms of the easement in so far as they relate to— responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement; or the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things. (new) (sec.17A-ssec.7) An order under subsection (6) shall, when registered as provided by subsection (8) , be binding on all persons, whether of full age or capacity or not, then entitled or later becoming entitled to the easement, and whether those persons are parties to the proceedings or have been served with notice or not. (new) (sec.17A-ssec.8) The registrar of titles shall, on application made in a form approved under the Land Title Act 1994 , make all necessary recordings in the register and on the leasehold building units plan for giving effect to the order. (new) (sec.17A-ssec.9) An instrument or memorandum of variation must be executed as required under the Land Title Act 1994 , section 161 . (new) - (a) a leasehold building units plan relates to a stratum parcel; and - (b) an instrument has or has had the effect of creating after the commencement of this Act a right of vehicular access, a right of personal access or an easement for a specified service or services, over or through or as appurtenant to the stratum parcel or the land comprised in that parcel; and - (c) the site of the easement is identified on a plan lodged in the land registry; - (a) responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement; or - (b) the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things; - (a) responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement; or - (b) the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things.