105Creation of easements

105 Creation of easements

(1)  *[Section 105 Subsection (1) amended by No. 21 of 1996, s. 19 ]*An easement may be granted in or over registered land for the benefit of any other land –

(a) by the registered proprietor of a freehold estate in the land, by memorandum of transfer in the form approved under section 58 ; and

(b) by the lessee, by memorandum of lease in the form approved under section 64  –

and registered under this Act.

(2)  A proprietor transferring or leasing registered land may in the transfer or lease –

(a) [Section 105 Subsection (2) amended by No. 23 of 2021, s. 88, Applied:01 Jan 2022] grant an easement in or over other registered land of which the person is registered proprietor or lessee, for the benefit of the land transferred or the estate of the lessee under the lease; and

(b) [Section 105 Subsection (2) amended by No. 23 of 2021, s. 88, Applied:01 Jan 2022] reserve an easement for the benefit of other land retained by the proprietor.

(3)  The Recorder, when registering a memorandum of transfer or lease which grants or reserves an easement, shall record the grant or reservation upon –

(a) the folio of the Register, or the registered lease, evidencing title to the land burdened by the easement; and

(b) where the land benefited by the easement is registered land, the folio of the Register or the registered lease which evidences title to the land benefited.

(4)  In a memorandum of mortgage or memorandum of encumbrance there may be expressed to be included as appurtenant to the land mortgaged or encumbered an easement over other registered land of which the mortgagor or encumbrancer is registered proprietor or lessee and in such a case the folio of the Register or registered lease of that other land shall be specified in the memorandum of mortgage or memorandum of encumbrance.

(5)  When an easement is expressed to be included in a dealing pursuant to , the Recorder shall when registering the memorandum of mortgage or memorandum of encumbrance record particulars of the easement upon the folio of the Register or registered lease evidencing title to the land over which the easement is expressed to be included.