138GInterpretation

138G Interpretation

(1)  In this Part –

dominant tenement means land that is claimed to have the benefit of rights amounting to an easement;

servient tenement means land that is claimed to have the burden of rights amounting to an easement.

(2)  For the purposes of this Part, a person is taken to be under disability while –

(a) [Section 138G Subsection (2) amended by No. 23 of 2021, s. 106, Applied:01 Jan 2022] the person is an infant; or

(b) [Section 138G Subsection (2) amended by No. 23 of 2021, s. 106, Applied:01 Jan 2022] [Section 138G Subsection (2) amended by No. 23 of 2021, s. 106, Applied:01 Jan 2022] the person is incapable, by reason of mental illness, of managing the person’s property or affairs.

(3)  [Section 138G Subsection (3) amended by No. 23 of 2021, s. 106, Applied:01 Jan 2022] For the purposes of, but without limiting, subsection (2)(b) , a person is presumed to be incapable, by reason of mental illness, of managing the person’s property or affairs –

(a) [Section 138G Subsection (3) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 138G Subsection (3) amended by No. 23 of 2021, s. 106, Applied:01 Jan 2022] while the person is subject to an assessment order or treatment order under the Mental Health Act 2013 ; or

(b) [Section 138G Subsection (3) amended by No. 23 of 2021, s. 106, Applied:01 Jan 2022] while a guardianship order or an administration order in respect of the person’s estate is in force under the ; or