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Requisites for obtaining certificate of title to easement
Cap. 327, s. 42 · Revised Edition 2020
(1) In order to obtain the issue of a certificate of title to any easement, right or privilege in or over land which is capable of subsisting or of being created or transferred at law, the proprietor of the servient land shall execute a deed defining the easement, right or privilege in favour of the proprietor of the dominant tenement and, on that deed being presented to the Registrar, he shall prepare and issue a certificate of title to the easement, right or privilege in favour of the proprietor of the dominant tenement.
(2) The deed shall contain a description of the easement,
right or privilege granted over and with respect to the servient land and all the agreements, terms and conditions affecting it and intended to bind the parties and their respective tenements,
and reference to that deed shall be indorsed on the certificate of title to the land subject to the easement, right or privilege.
(3) All the provisions of this Act relating to the preparation and issue of the certificate of title to freehold land, the noting of legal charges and incumbrances thereon and the issue of new certificates of title on the transfer or transmission of the title thereto, shall apply mutatis mutandis to a certificate of title to an easement, right or privilege.
CAP. 170.
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