Service easements
223LG Service easements
Where it appears from a plan of division deposited in the Lands Titles
Registration Office that any land delineated on the plan is subject, or intended to be subject, to an easement in favour of a water industry entity (or a predecessor or successor of such an entity) for sewerage purposes or for water supply purposes, the land is subject to an easement in favour of the entity (or its successor) entitling the entity its agents, servants and workmen at any time to break the surface of, dig, open up and use the land for the purpose of laying down, fixing, taking up, repairing, re-laying or examining pipes and of using and maintaining those pipes for sewerage or water supply purposes, as the case may be, and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.
Where it appears from a plan of division deposited in the Lands Titles
Registration Office that any land delineated on the plan is subject, or intended to be subject, to an easement in favour of a council or the Crown for drainage purposes, the land is subject to an easement in favour of the council (or its successor) or the Crown entitling the council or the Crown through its agents, servants and workmen at any time to break the surface of, dig, open up and use the land for the purpose of constructing, laying down, fixing, taking up, repairing, re-laying or examining drains or drainage pipes for the purpose of the drainage of water, sewage or other effluents and of using and maintaining such drains and pipes, and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.
Where it appears from a plan of division deposited in the Lands Titles
Registration Office that any land delineated on the plan is subject, or is intended to be subject, to an easement for electricity supply purposes which does not exceed ten metres in width and is in favour of an electricity entity, the land is subject to an easement in favour of the entity (and any other electricity entity to which it has leased its rights under the easement), entitling the electricity entity concerned, its agents, servants and workmen at any time—
to enter upon and to pass either with or without motor vehicles or other vehicles along or over the land; and
to construct and lay—
on or under the surface of the land ducts, pipes, conductors, cables, wires and other works; and
on the surface of the land incidental or ancillary works for the transmission of electricity (including, without limiting the generality of the foregoing, manholes and cable markers); and
to suspend above the surface of the land conductors, cables, wires and other equipment and to construct supporting and other works incidental or ancillary to that purpose; and
without limiting the generality of any other right, to erect on any portion of the land designated "T/F" in the plan to a height not exceeding four metres or such other height as may be shown in the plan from the surface of the land, equipment for transforming electricity and incidental or ancillary works (including, without limiting the generality of the foregoing, such walls or other structures as the electricity entity considers necessary); and
from time to time to break the surface of, dig, open up and use the land for any of the purposes referred to in this subsection; and
to inspect, repair, alter, remove and replace any works referred to in this subsection; and
to transmit electricity by means of any such works.
No right to compensation arises—
by virtue of the fact that land becomes subject to an easement under this section; or
by virtue of the exercise of rights conferred by an easement under this section.
An easement in favour of an authority or entity under subsections (1),
or (3) vests in the authority or entity free of all estates and interests except easements indicated on the plan of division.
If by virtue of this section, any land is subject to an easement, the
Registrar-General must make such entries in the Register Book as are necessary to evidence the easement.
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