Conveyancing Act 1919 No 6
Current version for 1 December 2019 to date (accessed 9 August 2020 at 01:49)
Schedule 4A
Schedule 4A Easements in gross
(Section 88A)
Part 1 Right of carriage way
Full and free right for the body in whose favour this easement is created, and every person authorised by it, to go, pass and repass at all times and for all purposes with or without animals or vehicles or both over the land indicated herein as the servient tenement.
Part 2 Right of footway
Full and free right for the body in whose favour this easement is created, and every person authorised by it, to go, pass and repass on foot at all times and for all purposes without animals or vehicles over the land indicated herein as the servient tenement.
Part 3 Easement to drain water
Full and free right for the body in whose favour this easement is created, and every person authorised by it, from time to time and at all times to drain water (whether rain, storm, spring, soakage, or seepage water) in any quantities across and through the land herein indicated as the servient tenement, together with the right to use, for the purposes of the easement, any line of pipes already laid within the servient tenement for the purpose of draining water or any pipe or pipes in replacement or in substitution therefor and where no such line of pipes exists, to lay, place and maintain a line of pipes of sufficient internal diameter beneath or upon the surface of the servient tenement and together with the right for the body in whose favour this easement is created and every person authorised by it, with any tools, implements, or machinery, necessary for the purpose, to enter upon the servient tenement and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining, or renewing such pipe line or any part thereof and for any of the aforesaid purposes to open the soil of the servient tenement to such extent as may be necessary provided that the body in whose favour this easement is created and the persons authorised by it will take all reasonable precautions to ensure as little disturbance as possible to the surface of the servient tenement and will restore that surface as nearly as practicable to its original condition.
Part 4 Easement to drain sewage
Full and free right for the body in whose favour this easement is created, and every person authorised by it, from time to time and at all times by means of pipes to drain sewage and other waste material and fluid in any quantities across and through the land herein indicated as the servient tenement, together with the right to use, for the purposes of the easement, any line of pipes already laid within the servient tenement for the purpose of draining sewage or any pipe or pipes in replacement or in substitution therefor and where no such line of pipes exists, to lay, place and maintain a line of pipes of sufficient internal diameter beneath or upon the surface of the servient tenement and together with the right for the body in whose favour this easement is created and every person authorised by it, with any tools, implements, or machinery, necessary for the purpose, to enter upon the servient tenement and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining, or renewing such pipe line or any part thereof and for any of the aforesaid purposes to open the soil of the servient tenement to such extent as may be necessary provided that the body in whose favour this easement is created and the persons authorised by it will take all reasonable precautions to ensure as little disturbance as possible to the surface of the servient tenement and will restore that surface as nearly as practicable to its original condition.
Part 5 Easement for repairs
1   
The body having the benefit of this easement may—
(a)  at the expiration of at least one week’s notice served on the owner or occupier of a lot burdened, use the lot for the purpose of carrying out necessary work on any structure used by that body which cannot otherwise reasonably be carried out, and
(b)  do anything reasonably necessary for that purpose, including—
  entering the lot burdened, and
  taking anything on to the lot burdened.
2   
In exercising those powers, the body having the benefit of this easement must—
(a)  ensure all work on any structure used by that body is done properly and carried out as quickly as is practicable, and
(b)  cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c)  cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d)  restore the lot burdened as nearly as is practicable to its former condition, and
(e)  make good any collateral damage.
Part 6 Easement for drainage of sewage
1   
The body having the benefit of this easement may—
(a)  drain sewage, sullage and other fluid wastes in pipes through each lot burdened, but only within the site of this easement, and
(b)  do anything reasonably necessary for that purpose, including—
  entering the lot burdened, and
  taking anything on to the lot burdened, and
  using any existing line of pipes, and
  carrying out works, such as constructing, placing, repairing or maintaining pipes and equipment.
2   
In exercising those powers, the body having the benefit of this easement must—
(a)  ensure all work is done properly, and
(b)  cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c)  cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d)  restore the lot burdened as nearly as is practicable to its former condition, and
(e)  make good any collateral damage.
Part 7 Easement for drainage of water
1   
The body having the benefit of this easement may—
(a)  drain water from any natural source through each lot burdened, but only within the site of this easement, and
(b)  do anything reasonably necessary for that purpose, including—
  entering the lot burdened, and
  taking anything on to the lot burdened, and
  using any existing line of pipes, and
  carrying out work, such as constructing, placing, repairing or maintaining pipes, channels, ditches and equipment.
2   
In exercising those powers, the body having the benefit of this easement must—
(a)  ensure all work is done properly, and
(b)  cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c)  cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d)  restore the lot burdened as nearly as is practicable to its former condition, and
(e)  make good any collateral damage.
Part 8 Easement for electricity purposes
1   
The body having the benefit of this easement may—
(a)  transmit electricity through each lot burdened, but only within the site of this easement, and
(b)  do anything reasonably necessary for that purpose, including—
  entering the lot burdened, and
  taking anything on to the lot burdened, and
  carrying out work, such as constructing, placing, repairing or maintaining poles, wires, conduits and equipment.
2   
In exercising those powers, the body having the benefit of this easement must—
(a)  ensure all work is done properly, and
(b)  cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c)  cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d)  restore the lot burdened as nearly as is practicable to its former condition, and
(e)  make good any collateral damage.
Part 9 Easement for services
1   
The body having the benefit of this easement may—
(a)  provide domestic services supplied by that body through each lot burdened, but only within the site of this easement, and
(b)  do anything reasonably necessary for that purpose, including—
  entering the lot burdened, and
  taking anything on to the lot burdened, and
  carrying out work, such as constructing, placing, repairing or maintaining pipes, poles, wires, cables, conduits, structures and equipment.
2   
In exercising those powers, the body having the benefit of this easement must—
(a)  ensure all work is done properly, and
(b)  cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c)  cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d)  restore the lot burdened as nearly as is practicable to its former condition, and
(e)  make good any collateral damage.
3   
For the purposes of this easement, domestic services includes supply of water, gas, electricity, telephone and television and discharge of sewage, sullage and other fluid wastes.
Part 10 Easement for water supply
1   
The body having the benefit of this easement may—
(a)  run water in pipes through each lot burdened, but only within the site of this easement, and
(b)  do anything reasonably necessary for that purpose including—
  entering the lot burdened, and
  taking anything on to the lot burdened, and
  carrying out work, such as constructing, placing, repairing or maintaining pipes and equipment.
2   
In exercising those powers, the body having the benefit of this easement must—
(a)  ensure all work is done properly, and
(b)  cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c)  cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d)  restore the lot burdened as nearly as is practicable to its former condition, and
(e)  make good any collateral damage.
Part 11 Right of access
1   
The body having the benefit of this easement may—
(a)  by any reasonable means pass across each lot burdened, but only within the site of this easement, for the purpose of exercising or performing any of its powers, authorities, duties or functions, and
(b)  do anything reasonably necessary for passing across each such lot, including—
  entering the lot burdened, and
  taking anything on to the lot burdened, and
  carrying out work within the site of this easement, such as constructing, placing, repairing or maintaining trafficable surfaces, driveways or structures.
2   
In exercising those powers, the body having the benefit of this easement must—
(a)  ensure all work is done properly, and
(b)  cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c)  cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d)  restore the lot burdened as nearly as is practicable to its former condition, and
(e)  make good any collateral damage.