35. Contingent interests
Feedback & supportA new folio of the land-register shall not be created in favour of —
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
a person entitled to a bare power of appointment over land; or
a person or class of persons entitled only to a contingent interest in land.
Any instrument creating an interest mentioned in subsection (1) shall be registered by entering a memorial thereof on the current folio of the land-register evidencing the title to the land in question.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
For the purposes of this section, persons entitled in default of execution of a power of appointment, or who are unascertained at the date of entry of such a memorial, shall be deemed to have contingent interests.[31