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CONVEYANCING ACT 1919 - SECT 181A

Construction of expressions used to create easements

181A Construction of expressions used to create easements

(1) In an instrument executed or made after 1 January 1931 (the commencement of the Conveyancing (Amendment) Act 1930 ) and purporting to create a right-of-way the expressions
"right of carriage way" and
"right of footway" have the same effect as if there had been inserted in lieu thereof respectively the words contained in Part 1 or Part 2 of Schedule 8.
(1A) In an instrument executed or made after 15 June 1964 (the commencement of the Local Government and Conveyancing (Amendment) Act 1964 ) and purporting to create a drainage easement the expressions
"easement to drain water" and
"easement to drain sewage" have the same effect as if there had been inserted in lieu thereof respectively the words contained in Part 3 or Part 4 of Schedule 8.
(2) In an instrument which takes effect after the commencement of Schedule 1[16[#93] to the Property Legislation Amendment (Easements) Act 1995 and purports to create an easement of the following kind, the following expressions have effect as if the words attributed in Schedule 8 to those expressions were inserted instead--
easement for repairs
easement for batter
easement for drainage of sewage
easement for drainage of water
easement for electricity purposes
easement for overhang
easement for services
easement for water supply
easement to permit encroaching structure to remain
right of access
(2A) In an instrument that takes effect after the commencement of section 177 (as inserted by Schedule 1[1[#93] to the Conveyancing Amendment (Law of Support) Act 2000 ) and purporting to create an easement for removal of support, the expression
"easement for removal of support" has effect as if the words attributed in Part 15 of Schedule 8 to that expression were inserted instead.
(3) The meaning given to an expression by this section and Schedule 8 may be varied (whether by way of addition, exception, qualification or omission), and is taken to have always been capable of being varied, by the instrument in which the expression is used.
(3A) In Schedule 8--
(a) a lot includes any other distinct piece or parcel of land (such as an island, a portion of a Parish or a Section), and
(b) an owner of a lot benefited includes--
• any person entitled to possession of the whole of the lot benefited or any person authorised by such a person, and
• any person entitled to possession of any part of that lot which is capable of benefiting from the easement or any person authorised by such a person.
(4) This section extends to dealings under the Real Property Act 1900 .



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