Section 40 of the Principal Act is amended as follows:

(a) by inserting the following subparagraph after subparagraph (i) in subsection (3)(e) :

(ia) an easement created by deed before the servient tenement became subject to this Act or the repealed Act; and

(b) by inserting the following subsection after subsection (3) :

(3A)  The application of subsection (3)(e)(ia) extends to any land that was brought under this Act or the repealed Act before the commencement of the Land Titles Amendment (General Law Easements and Records) Act 1997 .