§ 98 — Implied easements for passage of water, electricity, drainage, gas and sewerage for development

98.—(1) There is implied in respect of each lot of land which forms part of the same development (called hereinafter the lot) as follows:(a)

in favour of the proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the lot;

(b)

as against the proprietor of the lot, and to which the lot is subject, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts, as appurtenant to every other lot capable of enjoying such easements.

(2) All ancillary rights and obligations reasonably necessary to make the easements mentioned in subsection (1) effective are implied.

(3) The easements implied by this section entitle the proprietor of the dominant tenement to enter on the servient tenement at all reasonable times to repair, renew or restore any sewers, pipes, cables, wires or ducts as appears necessary but the proprietor of the dominant tenement must make good any damage caused to the servient tenement.

(4) In respect of all the easements implied by this section, there is also implied a covenant, binding all parties enjoying the benefit of such easements, to contribute to the cost of construction, maintenance or repair of the sewers, pipes, cables, wires or ducts — the subject of the easements — as if the easements and the covenant to contribute had been created by an instrument registered under this Act and, so long as such easements subsist, the covenant to contribute binds any successor in title enjoying the benefit of the easements except that such a covenant is not implied where the proprietor of any lot is able to show that that proprietor is entitled to enjoy the easements free from the liability to contribute.

(5) Subsection (4) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.

(6) Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united.

(7) The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto.

(8) In this section —“development” means any land subdivided into 2 or more lots under section 12(3) of the Planning Act 1998 where those lots are affected by common easements for the passage or provision of water, electricity, drainage, gas or sewerage that are capable of being created as cross easements by an instrument and enjoyed as such by those lots;

“lot” means a parcel of land forming part of a development, to which the Chief Surveyor has allotted a survey lot number.[8/2014]

—(1) There is implied in respect of each lot of land which forms part of the same development (called hereinafter the lot) as follows:(a)

in favour of the proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the lot;

(b)

as against the proprietor of the lot, and to which the lot is subject, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts, as appurtenant to every other lot capable of enjoying such easements.

(2) All ancillary rights and obligations reasonably necessary to make the easements mentioned in subsection (1) effective are implied.

(3) The easements implied by this section entitle the proprietor of the dominant tenement to enter on the servient tenement at all reasonable times to repair, renew or restore any sewers, pipes, cables, wires or ducts as appears necessary but the proprietor of the dominant tenement must make good any damage caused to the servient tenement.

(4) In respect of all the easements implied by this section, there is also implied a covenant, binding all parties enjoying the benefit of such easements, to contribute to the cost of construction, maintenance or repair of the sewers, pipes, cables, wires or ducts — the subject of the easements — as if the easements and the covenant to contribute had been created by an instrument registered under this Act and, so long as such easements subsist, the covenant to contribute binds any successor in title enjoying the benefit of the easements except that such a covenant is not implied where the proprietor of any lot is able to show that that proprietor is entitled to enjoy the easements free from the liability to contribute.

(5) Subsection (4) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.

(6) Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united.

(7) The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto.

(8) In this section —“development” means any land subdivided into 2 or more lots under section 12(3) of the Planning Act 1998 where those lots are affected by common easements for the passage or provision of water, electricity, drainage, gas or sewerage that are capable of being created as cross easements by an instrument and enjoyed as such by those lots;

“lot” means a parcel of land forming part of a development, to which the Chief Surveyor has allotted a survey lot number.[8/2014]