138PCharacter of easement

138P Character of easement

(1)  An easement that is vested under this Part –

(a) is to be in respect of a right that is capable of being granted as an easement under the common law or any enactment; and

(b) is to be capable of existing as an easement appurtenant to the dominant tenement or an ascertainable part of the dominant tenement; and

(c) is to be limited to the same character, extent and degree of use throughout the relevant period.

(2)  [Section 138P Subsection (2) amended by No. 23 of 2021, s. 111, Applied:01 Jan 2022] Where a person for whom an easement is vested under this Part has exercised additional rights for the period required under this Part, the person is entitled to the grant of an additional easement in respect of those rights.