86. Registration necessary for creation of easements
Feedback & supportAn 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.
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio of the land-register;
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.
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;
The instrument creating an easement shall indicate clearly —
the nature of the easement and the extent of the land burdened by the easement;
the dominant tenement; and
the conditions, limitations and restrictions, if any, intended to affect the enjoyment of the easement.
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.
servient tenement
“dominant tenement” and “servient tenement” mean respectively the land to which the benefit of an easement has been made appurtenant, and the land which is subject to the burden of an easement.(2) Nothing in this Act shall be construed as altering the law relating to the natural rights to support, light, air, water, or to access to a highway, nor as altering any rule or principle of law which implies in the grant of an easement such ancillary rights as may be necessary for the effective enjoyment of the easement.[79 In this Part,
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.
dominant tenement
“dominant tenement” and “servient tenement” mean respectively the land to which the benefit of an easement has been made appurtenant, and the land which is subject to the burden of an easement.(2) Nothing in this Act shall be construed as altering the law relating to the natural rights to support, light, air, water, or to access to a highway, nor as altering any rule or principle of law which implies in the grant of an easement such ancillary rights as may be necessary for the effective enjoyment of the easement.[79 In this Part,
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
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.