Land (Amendment) Act (No 23 of 1991).

A new Part (VIA) on easements is inserted. An "easement" is defined in section 112A as "a right annexed to land to utilise other land of different ownership in a particular manner (not involving the taking of any part of the natural produce of that land or of that land or of any part of its soil) or to prevent the owner of the other land from utilising his land in a particular manner". The same section declares the following rights of easements permissible: (a) right of way; (b) right to convey water; (c) right to drain water; (d) right to drain sewage. There shall be a register of easements which shall be kept in the office of the Minister. Section 19 is amended so as to grant the Minister the power to compel any holder of land to grant an easement to the Crown. The Minister shall, when exercising the power conferred on him by section 19 to compel the granting of an easement, give written notice to the holder specifying the information set out in section 112C. A holder shall be entitled to compensation from the Crown for any reduction in value of his estate or allotment by virtue of the Crown compulsorily acquiring the right to an easement. Every instrument creating an easement shall be in the form contained in Schedule XV to this Act with such variations as the circumstances may require. Section XIV defines rights and powers of grantees implied in certain easements and Schedule XV contains a form of Instrument creating an easement.

Amends: Land Act. (1988)