(1) Where a transfer,
lease, tree plantation agreement or certificate of title contains the words
“together with a right of carriage way over...” or words to that
effect and specifies the road or land over which the easement is created by
reference to a map on which the road or land is indicated by a symbol then,
unless the contrary intention appears, the words of the Ninth Schedule shall
be deemed to have effect in relation to the transfer, lease, tree plantation
agreement or certificate of title, as the case requires.
(2) Where a plan or an
instrument referred to in Part IVA contains the words “right of carriage
way” in relation to a place indicated on the plan or, in the case of an
instrument, on the plan in relation to which the instrument was lodged then,
unless the contrary intention appears, the words of the Ninth Schedule
applicable to a transfer shall be deemed to have effect in relation to that
plan or instrument.
(3) Where —
(a) a
transfer, lease, tree plantation agreement or certificate of title; or
(b) a
plan or an instrument referred to in Part IVA,
contains a short form
of easement then the words in column 2 of the Tenth Schedule corresponding to
the short form shall be deemed to have effect in relation to that transfer,
lease, tree plantation agreement, certificate of title, plan or instrument,
unless the contrary intention appears.
[Section 65 inserted: No. 81 of 1996 s. 37 7 ;
amended: No. 56 of 2003 s. 12; No. 19 of 2010 s. 38(3) .]