Transfers
46 Transfers
Where land under the provisions of this Act is intended to be transferred, or any easement or profit à prendre affecting land under the provisions of this Act is intended to be created, the proprietor shall execute a transfer in the approved form.
A transfer that creates an easement or a profit à prendre must be—
executed by the registered proprietor of the land burdened and the land benefited, if any, and
accompanied by the written consent of every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the folio of the Register for the land burdened.
This section does not apply to the creation of an easement or profit à prendre that burdens and benefits separate parcels of land if the same person is the proprietor of the separate parcels of land.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.