s.22Creation of easements and agreements
22
Section 22Part 6 — Management and Administration

Creation of easements and agreements

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The proprietors may —
by super-majority resolution, direct their corporation to execute on their behalf a grant of easement or a restrictive agreement burdening the parcel;
by special resolution, direct their corporation to accept on their behalf a grant of easement or restrictive covenant benefiting the parcel.
If the corporation is satisfied that the resolution was duly passed and that all persons having interests, of which the corporation has notice, in the parcel have voted, consented in writing or been served in accordance with section 153 of the Registered Land Law (2004 Revision) with notice of the release of those interests in respect of the land comprised in the proposed disposition the corporation shall execute the appropriate instrument, and such instrument shall be valid and effective without execution by any person having an interest in the parcel, and the receipt of the corporation for any money payable to it under the terms of such instrument shall be a sufficient discharge and shall exonerate all persons taking under such instrument from any responsibility for the application of the moneys expressed to have been so received.
Every such instrument lodged for registration shall be endorsed with or accompanied by a certificate under the seal of the corporation that the resolution referred to in subsection (1) was duly passed and that all necessary consents were given, and such certificate shall, in favour of persons dealing with the corporation pursuant to this section and in favour of the Registrar, to be conclusive evidence of the facts stated therein.

Defined Terms

proprietorscorporationsuper-majority resolutionspecial resolutioneasementrestrictive agreementrestrictive covenantparcelRegistrar

Cross References

Referenced By