Creation of easement or other interest other than under section 88B
20 Creation of easement or other interest other than under section 88B
A deposited plan may designate the site of a proposed easement, profit à prendre, restriction on the use of land or positive covenant that is intended to be created by an instrument of grant or reservation (other than pursuant to section 88B of the Act by registration of the plan) if—
the designation of the site of the proposed easement, profit à prendre, restriction or positive covenant includes the word “proposed”, and
no statement of the intention to create or vary the easement or profit à prendre, or to create the restriction or positive covenant, is entered on the administration sheet lodged with the plan.
A deposited plan may designate the proposed varied site of an existing easement or profit à prendre that is intended to be varied by an instrument of variation pursuant to section 47(5A) of the Real Property Act 1900 (other than pursuant to section 88B of the Act by registration of the plan) if—
the designation of the proposed varied site of the existing easement or profit à prendre includes the word “proposed”, and
no statement of the intention to vary the easement or profit à prendre is entered on the administration sheet lodged with the plan.
The designation of the site of a proposed easement, profit à prendre, restriction or positive covenant in accordance with this clause does not, for the purposes of section 88B of the Act, indicate in the prescribed manner an intention to create an easement, profit à prendre, restriction or positive covenant.
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