§ 99 — Implied easements for right of way and other rights shown in subdivision plan

99.—(1) Where the competent authority has approved the development and subdivision of any land comprised in an estate before or after 1 March 1994 and the subdivision plan has been submitted to the competent authority, there is implied, in respect of each lot of the estate which is used or intended to be used as a separate tenement, in favour of the registered proprietor of the lot and as appurtenant thereto, all the easements referred to in subsection (1A).[37/2004]

(1A) The easements which are implied under subsection (1) are all such easements of way and drainage, for party wall purposes and for the supply of water, gas, electricity, sewerage and telephone and other services to the lot on, over or under the lands appropriated or set apart for those purposes respectively on the subdivision plan submitted to the competent authority relating to the estate, as may be necessary for the reasonable enjoyment of the lot and of any building or part of a building at any time thereon.[37/2004]

(2) All ancillary rights and obligations reasonably necessary to make the easements referred to in subsection (1A) effective are implied.[37/2004]

(3) In respect of all the easements implied by this section, there is also implied a covenant binding all registered proprietors enjoying the benefit of such easements to contribute to the cost of maintenance or repair of 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 in the case of the right to erect and maintain party walls, the implied covenant provided in this subsection binds only the registered proprietors of the lots on which party walls have been erected.

(4) Subsection (3) 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 lot to which the liability is attached.

(5) 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.

(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 do not apply to the lots in an estate where subdivision approval was given by the competent authority prior to 1 March 1994 and satisfactory documentary evidence has been produced to the Registrar of the completion of the transfer of any lot in the estate to a purchaser with easements expressly created in an instrument which has been executed and delivered to the purchaser.

(8) In this section —“estate” means any land which has been subdivided into lots under the Planning Act 1998, and includes —(a)

land intended for use as easements to be made appurtenant to other lots within the same estate as shown in the subdivision plan submitted to the competent authority; and

(b)

undeveloped lots (if any) which are shown in the first subdivision plan submitted to the competent authority, each of which is capable of being subdivided as shown in one or more subsequent subdivision plans as and when submitted to or issued by the competent authority;

“lot” means a parcel of land forming part of an estate to which the Chief Surveyor has allotted a survey lot number and also described as a “plot” in a subdivision plan submitted to the competent authority.[37/2004; 8/2014]

—(1) Where the competent authority has approved the development and subdivision of any land comprised in an estate before or after 1 March 1994 and the subdivision plan has been submitted to the competent authority, there is implied, in respect of each lot of the estate which is used or intended to be used as a separate tenement, in favour of the registered proprietor of the lot and as appurtenant thereto, all the easements referred to in subsection (1A).[37/2004]

(1A) The easements which are implied under subsection (1) are all such easements of way and drainage, for party wall purposes and for the supply of water, gas, electricity, sewerage and telephone and other services to the lot on, over or under the lands appropriated or set apart for those purposes respectively on the subdivision plan submitted to the competent authority relating to the estate, as may be necessary for the reasonable enjoyment of the lot and of any building or part of a building at any time thereon.[37/2004]

(2) All ancillary rights and obligations reasonably necessary to make the easements referred to in subsection (1A) effective are implied.[37/2004]

(3) In respect of all the easements implied by this section, there is also implied a covenant binding all registered proprietors enjoying the benefit of such easements to contribute to the cost of maintenance or repair of 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 in the case of the right to erect and maintain party walls, the implied covenant provided in this subsection binds only the registered proprietors of the lots on which party walls have been erected.

(4) Subsection (3) 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 lot to which the liability is attached.

(5) 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.

(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 do not apply to the lots in an estate where subdivision approval was given by the competent authority prior to 1 March 1994 and satisfactory documentary evidence has been produced to the Registrar of the completion of the transfer of any lot in the estate to a purchaser with easements expressly created in an instrument which has been executed and delivered to the purchaser.

(8) In this section —“estate” means any land which has been subdivided into lots under the Planning Act 1998, and includes —(a)

land intended for use as easements to be made appurtenant to other lots within the same estate as shown in the subdivision plan submitted to the competent authority; and

(b)

undeveloped lots (if any) which are shown in the first subdivision plan submitted to the competent authority, each of which is capable of being subdivided as shown in one or more subsequent subdivision plans as and when submitted to or issued by the competent authority;

“lot” means a parcel of land forming part of an estate to which the Chief Surveyor has allotted a survey lot number and also described as a “plot” in a subdivision plan submitted to the competent authority.[37/2004; 8/2014]