Last Updated: 1 December 2016
[LT 10,305] FORM 22 EASEMENT CERTIFICATE(Section 159)
AB of (address and description) being the proprietor of the land described in Schedule 1 hereto hereby CERTIFIES:
- 1.That the easements specified in the said Schedule 1, the servient tenements in relation to which are shown on a plan of survey lodged for deposit with the Registrar of Titles under No, are the easements which it is intended shall be created by the operation of section 159 of the Land Transfer Act 1971.
- 2.That the said easements shall be of the nature described in the said Schedule 1 and the conditions of the grant of the said easements and the rights and powers of the grantees thereunder shall be those set out in Schedule 2 in respect of each easement.
SCHEDULE 1
DEPOSITED PLAN NO
| Nature of Easement | Servient Tenement | Dominant Tenement Lot Number(s) | Title Reference | |
|---|---|---|---|---|
| Lot No | Colour or other means of identification of part subject to easement | |||
| (For example) | ||||
| Right of Way ......................... Right of Convey Water ......................... Right to Drain Water | ||||
SCHEDULE 2
CONDITIONS OF THE GRANT OF EASEMENTS AND THE RIGHTS AND POWERS DEEMED TO BE VESTED IN GRANTEES THEREOF
- 1.Rights and powers of grantee under Easement of Right of Way — The full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee, his or her servants, tenants, agents, workmen, licensees and invitees (in common with the grantor and any other person lawfully entitled so to do) from time to time and at all times by day and by night to go pass and repass, with or without horses and domestic animals of any kind and with or without carriages, vehicles, motor vehicles, machinery and implements of any kind over and along the land over which the right of way is granted.
- 2.Rights and powers of grantee under Easement of Right to Convey Water — The full, free, uninterrupted and unrestricted right, liberty and privilege for the grantee and the grantee’s tenants (in common with the grantor, the grantor’s tenants and any other person lawfully entitled so to do) from time to time and at all times to take, convey and lead water through pipes of a sufficient internal diameter and of suitable material for the purpose in a free and unimpeded flow (except when the fow is halted for any reasonable period necessary for essential repairs) and in any quantity, consistent with the rights of other persons having the same or similar rights, from the source of supply or point of entry, as the case may be, and following the stipulated course (where a course is stipulated) across the land over which the easement is granted, together with the additional rights incidental thereto set out in paragraph 4.
- 3.Rights and powers of grantee under Easement of Right to Drain Water — The full, free, uninterrupted and unrestricted right, liberty, and privilege for the grantee and the grantee’s tenants (in common with the grantor, the grantor’s tenants, and any other person lawfully entitled so to do) from time to time and at all times to drain and discharge water (whether rain, tempest, spring, soakage or seepage water) in any quantities along the stipulated course (where a course is stipulated) across the land over which the easement is granted, together with the additional rights incidental thereto set out in paragraph 4.
- 4.Additional rights attaching to Easements of Right to Convey Water and of Right to Drain Water — The full, free, uninterrupted and unrestricted right, liberty, and privilege for the grantee and the grantee's tenants (in common with the grantor, the grantor’s tenants, and any other person entitled so to do) for the purposes of the easement concerned—
- (a)to use any line of pipes already laid on the proposed course or in the case of an open drain already constructed on the proposed course to use that drain and any line of concrete inverts laid therein or to use any pipe or pipes or invert or inverts in replacement or in substitution for all or any of those pipes or inverts, as the case may require;
- (b)where no open drain or line of pipes exists, to construct and maintain or to have constructed and maintained, an open drain, with or without concrete inverts therein or to lay, place and maintain or to have laid, placed, and maintained, a line of pipes of a sufficient internal diameter and of suitable material for the purpose, in the case of an open drain, in and under, and in the case of a line of pipes, in and under or over, the surface of the land over which the easement is granted and along the line defined for the purpose where such a line has been so defined;
- (c)in order to construct or maintain the efficiency of any such pipe line or open drain, the full, free, uninterrupted, and unrestricted right, liberty, and privilege for the grantee, the grantee's tenants, servants, and workmen, with any tools, implements, machinery, vehicles or equipment of whatsoever nature necessary for the purpose to enter upon the land over which the easement is granted (or, where only the position of the pipe line or drain is defined in the easement, upon such part of the land of the grantor and by such route as is reasonable in the circumstances) and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining, and renewing the pipe line or any part thereof or the drain or any part thereof or the line of inverts therein or any part thereof and of opening up the soil of that land to such extent as may be necessary and reasonable in that regard, subject to the condition that as little disturbance as possible is caused to the surface of the land of the grantor and that the surface is restored as nearly as possible to its original condition and any other damage done by reason of the aforesaid operations is repaired.
- 5.(Here set out terms, conditions, covenants or restrictions, if any, in respect of the easements.)
Dated the day of 20
________
Proprietor's signature.
Attestation Clause.
NOTE
The easements specified in the first column of Schedule 1 and the paragraphs set out in Schedule 2 are given as examples only and are not part of the prescribed form.
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