§ 97 — Registration necessary for creation of easements

97.—(1) An easement is not acquired over registered land by long‑continued user adverse to a proprietor, nor by prescription, nor by any presumption of a lost grant, nor by any implication of law except as may be provided in this Act or section 10 of the State Lands Act 1920; but where an easement is intended to be created, the proprietor may execute an instrument of grant in the approved form, or, if the easement is being created incidentally to a transfer or lease, by appropriate words in the transfer or lease.[11/2015]

(2) An instrument of transfer which reserves out of the land transferred an easement appurtenant to other land of the transferor is, upon registration, effective as a regrant of the easement to the transferor without execution of the instrument by the transferee.

(3) The instrument creating an easement must indicate clearly —(a)

the nature of the easement and the extent of the land burdened by the easement;

(b)

the dominant tenement; and

(c)

the conditions, limitations and restrictions (if any) intended to affect the enjoyment of the easement.

(4) The servient tenement must be described in accordance with section 54 except that where an easement relates to the passage of matter or energy through underground pipes, cables or other installations, which cannot conveniently be located, the Registrar may accept for registration an instrument in which the servient land is described approximately only.

(5) An easement must be registered by the entry of a memorial thereof on the folio for the servient tenement.

(6) A notification of the easement must be entered on the folio for the dominant tenement unless the proprietor thereof agrees to dispense with any notification.

(7) Where a grant of an easement over registered land is expressed to be appurtenant to land which is not under the provisions of this Act, the Registrar need not be concerned to consider whether the person described therein as grantee is entitled to the land described as the dominant tenement if that person is expressed to be the owner for the time being of that land.

—(1) An easement is not acquired over registered land by long‑continued user adverse to a proprietor, nor by prescription, nor by any presumption of a lost grant, nor by any implication of law except as may be provided in this Act or section 10 of the State Lands Act 1920; but where an easement is intended to be created, the proprietor may execute an instrument of grant in the approved form, or, if the easement is being created incidentally to a transfer or lease, by appropriate words in the transfer or lease.[11/2015]

(2) An instrument of transfer which reserves out of the land transferred an easement appurtenant to other land of the transferor is, upon registration, effective as a regrant of the easement to the transferor without execution of the instrument by the transferee.

(3) The instrument creating an easement must indicate clearly —(a)

the nature of the easement and the extent of the land burdened by the easement;

(b)

the dominant tenement; and

(c)

the conditions, limitations and restrictions (if any) intended to affect the enjoyment of the easement.

(4) The servient tenement must be described in accordance with section 54 except that where an easement relates to the passage of matter or energy through underground pipes, cables or other installations, which cannot conveniently be located, the Registrar may accept for registration an instrument in which the servient land is described approximately only.

(5) An easement must be registered by the entry of a memorial thereof on the folio for the servient tenement.

(6) A notification of the easement must be entered on the folio for the dominant tenement unless the proprietor thereof agrees to dispense with any notification.

(7) Where a grant of an easement over registered land is expressed to be appurtenant to land which is not under the provisions of this Act, the Registrar need not be concerned to consider whether the person described therein as grantee is entitled to the land described as the dominant tenement if that person is expressed to be the owner for the time being of that land.