Land Titles Act 1993 · 2020 Revised Edition · Part 10 · Easements
101. Easements to pass on transfer without express mention
Feedback & supportUpon registration of a transfer or lease of land to which an easement is appurtenant, the easement passes to the transferee or lessee without any express mention in the transfer or lease.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, 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;
Where a transfer of part of a dominant tenement contains an express agreement that the easement does not pass to the transferee, registration of the transfer operates to release the easement to the extent to which it had been appurtenant to the part transferred.
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 is to 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. In this Part,
Except as provided in subsection (2), an easement, so long as it subsists, continues to be appurtenant to every part of the dominant tenement despite severance.