90F

Easement subject to existing mortgage etc

In force

If, when an easement is created over servient land, the dominant land, or any part of it, is subject to a mortgage or an encumbrance, the easement is also subject to the mortgage or encumbrance if—

(a)

the instrument granting the easement provides that it is subject to the mortgage or encumbrance; and

(b)

the mortgagee or encumbrancee has endorsed his or her consent to that on the instrument.

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