(1) The regulations
may prescribe —
terms, conditions and provisions of and relating to easements that may be
created under section 5D; and
short form description by which each kind of easement may be referred to and
which is to be deemed to be a reference to the full terms, conditions and
provisions of an easement of that kind.
(2) Regulations made
for the purposes of subsection (1)(a) may make provision for and in
relation to —
liability for the costs of the upkeep of an area over which an easement is
proprietor’s right of access to an area over which an easement is
created to inspect any thing or carry out work; and
proprietor of the dominant lot keeping the proprietor of the servient lot
indemnified in respect of liability arising from the use of, or the activities
undertaken in, an area by the first-mentioned proprietor; and
circumstances in which an easement is terminated where a building to which it
relates is destroyed.
(3) Regulations made
for the purposes of subsection (1) may provide that —
specified circumstances a proprietor of a lot is to be taken to have agreed to
undertake any positive obligation specified in the regulations in connection
with an easement; and
such obligation runs with the land and is binding on a succeeding proprietor
of the lot.
(4) If the regulations
prescribe any easement for access or use of light or air, section 121 of
the Property Law Act 1969 does not apply to the creation of any such
easement under section 5D.
[Section 5H inserted: No. 61 of 1996