§ 97A — Power of court to create easements

97A.—(1) The court may, on application by an interested person (called in this section the applicant), make an order creating an easement over registered land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement.[8/2014]

(2) An order under subsection (1) may be made only if the court is satisfied —(a)

that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest;

(b)

that the proprietor of the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and

(c)

that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the proprietor of the land to be burdened by the easement.[8/2014]

(3) An order made under subsection (1) must specify the nature and terms of the easement and such of the particulars referred to in section 97(3) as are appropriate.[8/2014]

(4) The costs of the proceedings are payable by the applicant, unless the court otherwise orders.[8/2014]

(5) An easement created under this section does not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered in accordance with section 97.[8/2014]

(6) In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant.[8/2014]

—(1) The court may, on application by an interested person (called in this section the applicant), make an order creating an easement over registered land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement.[8/2014]

(2) An order under subsection (1) may be made only if the court is satisfied —(a)

that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest;

(b)

that the proprietor of the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and

(c)

that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the proprietor of the land to be burdened by the easement.[8/2014]

(3) An order made under subsection (1) must specify the nature and terms of the easement and such of the particulars referred to in section 97(3) as are appropriate.[8/2014]

(4) The costs of the proceedings are payable by the applicant, unless the court otherwise orders.[8/2014]

(5) An easement created under this section does not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered in accordance with section 97.[8/2014]

(6) In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant.[8/2014]