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Implied easements for passage of water, electricity, drainage, gas and sewerage for housing estate

Land Titles Act

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—(1) There shall be implied in respect of each lot of land which forms part of the same housing estate (referred to hereinafter as the lot) —(a)in favour of the proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the lot;(b)as against the proprietor of the lot, and to which the lot shall be subject, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts, as appurtenant to every other lot capable of enjoying such easements.(2) All ancillary rights and obligations reasonably necessary to make the foregoing easements effective shall be implied.(3) The easements implied by this section entitle the proprietor of the dominant tenement to enter on the servient tenement at all reasonable times to repair, renew or restore any sewers, pipes, cables, wires or ducts as shall appear necessary but the proprietor of the dominant tenement shall make good any damage caused to the servient tenement.(4) (a) In respect of all the easements implied by this section, there shall also be implied a covenant, binding all parties enjoying the benefit of such easements, to contribute to the cost of construction, maintenance or repair of the sewers, pipes, cables, wires or ducts — the subject of the easements — as if the easements and the covenant to contribute had been created by an instrument registered under this Act and so long as such easements subsist the covenant to contribute binds any successors in title enjoying the benefit of the easements:Provided that such a covenant shall not be implied where the proprietor of any lot is able to show that he is entitled to enjoy the easements free from the liability to contribute.(b) Paragraph (a) does not render any person liable to contribute to expenditure incurred at a time before he became or after he ceased to be a proprietor of the tenement to which the liability attached.(c) Unity of seisin of two or more lots does not destroy the easements implied by this section but on the cessation of such unity they continue in full force and effect as if the seisin had never been united.(5) (a) The easements implied by this section apply to each lot comprised in any housing estate registered under the provisions of this Act on, before or after 1st December 1970.(b) The easements implied by this section are enforceable without any memorial or notification on the folios of the land-register, and accordingly section 86(5) and (6) does not apply thereto.(6) In this section —“lot” means a parcel of land, forming part of a housing estate, to which the Chief Surveyor has allotted a Government survey lot number;“housing estate” means land subdivided into 4 or more lots pursuant to section 9(3) of the Planning Act [Cap. 232] where those lots are affected by common easements for the passage or provision of water, electricity, drainage, gas or sewerage that are capable of being created as cross easements by an instrument and enjoyed as such by those lots.[83

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