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s 5

Easements for services

In force

5 Easements for services

(1)

Each person entitled to the benefit of an easement for a specified service has at all times an unrestricted right—

(a)

(except when it is necessary to halt the service for any essential maintenance or repairs relating to the service) to the passage of the service, to any extent consistent with the rights of other persons having the same or similar rights, along or through any existing line of pipes or any existing apparatus that is for the time being within the burdened land, and

(b)

to carry out an inspection of the pipes or apparatus to which the easement relates, and

(c)

in order to maintain the efficiency of any such pipes or apparatus—

(i)

to enter the part of the burdened land in respect of which the easement is created by such route as is reasonable in the circumstances, and

(ii)

to remain there for such reasonable time as may be necessary for the purpose of replacing, inspecting, cleaning, repairing, maintaining or renewing the pipes or apparatus or any part of the pipes or apparatus and of making such excavations as may be reasonably necessary.

(2)

Any action taken under subclause (1) must be taken in a manner that ensures that—

(a)

the burdened land is disturbed as little as possible, and

(b)

any excavated surface is restored as nearly as possible to its original state, and

(c)

any other damage attributable to that action is repaired.

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