Clause 80

by inserting, immediately after section 34, the following Part:“PART VAEASEMENTSPower of court to create easements over land34A.—

The court may, on application by an interested person (referred to in this section as the applicant), make an order creating an easement over land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement.(2) An order under subsection (1) may be made only if the court is satisfied —

that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest;

that the person entitled to the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and

that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the person entitled to the land to be burdened by the easement.(3) An order made under subsection (1) shall specify —

the nature of the easement and 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.(4) The costs of the proceedings are payable by the applicant, unless the court otherwise orders.(5) An easement created under this section shall not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered under the Registration of Deeds Act (Cap. 269).(6) In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant.Power of court to vary or extinguish easements34B.—

The court may, on application by any person with an interest in land which is subject to the burden of an easement, make an order to vary or extinguish wholly or in part the easement over that land.(2) An order under subsection (1) may be made upon the court being satisfied —

that by reason of a change of use of the land affected, as approved by planning permission within the meaning of the Planning Act (Cap. 232), or of changes in the character of the land or the neighbourhood, or other circumstances the court considers material, the continued existence of the easement will, unless varied or extinguished, impede the development of the land for public or private purposes without securing practical benefits to the persons entitled to the easement; or

that the proposed variation or extinguishment will not substantially injure the persons entitled to the easement.(3) An order varying or extinguishing wholly or in part an easement under subsection (1) may direct the applicant to pay to any person entitled to the benefit of the easement such sum by way of compensation as the court may think just to award under one, but not both, of the following heads:

a sum to make up for any loss or disadvantage suffered by that person in consequence of the variation or extinguishment;

a sum to make up for any effect which the easement had at the time when it was imposed in reducing the consideration then received for the land affected by it.(4) An order made under subsection (1) shall not bind the land until it has been registered under the Registration of Deeds Act.”;

by deleting subsection (4) of section 66A and substituting the following subsection:“(4) Upon the making of the deed of declaration and the service of the deed of declaration pursuant to subsection (3), the respective estates and interests in the land shall be held by the declarant as tenant‑in‑common with the remaining joint tenants, and the declarant shall be deemed to hold a share that is equal in proportion to each of the remaining joint tenants as if each and every one of them had held the land as tenants‑in‑common in equal shares prior to the severance.”; and

by inserting, immediately after subsection (5) of section 66A, the following subsection:“(6) For the purpose of subsection (3), where a copy of the deed of declaration is sent by registered post to the other joint tenants, it shall be deemed to have been served on the other joint tenants to whom it is addressed 2 days after the day it is sent by registered post to the last known place of residence or business in Singapore of the other joint tenants, notwithstanding it is returned undelivered.”.