Section 92Part 5 — Dispositions
Easements
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92. (1) The proprietor of land or a lease may, by an instrument in the prescribed form, grant an easement over his land or the land comprised in his lease, to the proprietor or lessee of other land for the benefit of that other land.
Any proprietor transferring or leasing land or a lease may in the transfer or lease grant an easement, for the benefit of the land transferred or leased, over land retained by him, or reserve an easement for the benefit of land retained by him.
The instrument creating the easement shall specify clearly —
the nature of the easement, the period for which it is granted and, any conditions, limitations or restrictions intended to affect its enjoyment;
the land burdened by the easement and, if required by the Registrar, the particular part thereof so burdened; and
the land which enjoys the benefit of the easement, and shall, if required by the Registrar, include a plan sufficient in the Registrar’s estimation to define the easement.
The grant or reservation of the easement shall be completed by its registration as an incumbrance in the register of the land burdened and in the property section of the land which benefits, and by filing the instrument.
An easement granted by the proprietor of a lease shall be capable of existing only during the subsistence of the lease.