Section 86

An easement shall not be 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; but where an easement is intended to be created the proprietor may execute an instrument of grant in the prescribed form, or, if the easement is being created incidentally to a transfer or lease, by appropriate words in the transfer or lease.

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.

The instrument creating an easement shall indicate clearly —

The servient tenement shall be described in accordance with section 49:Provided 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.

An easement shall be registered by endorsing a memorial thereof on the folio of the land-register for the servient tenement, and by an appropriate illustration in the diagram on that folio.

A notification of the easement shall be entered on the folio of the land-register for the dominant tenement unless the proprietor thereof agrees to dispense with any notification.

Where a grant of easement over registered land is expressed to be appurtenant to land which is not under the provisions of this Act, the Registrar shall 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.[82