Section 285
Restrictions on power to grant
of National Land Code (Revised - 2020)
(1)
The power of a proprietor to grant easements under this Chapter shall be exercisable in any particular case subject to any prohibition or limitation imposed by this Act or any other written law for the time being in force, and to any restriction in interest to which his land is for the time being subject.
(2)
No easement affecting the enjoyment of land which is subject to any lease, tenancy or charge shall be capable of being granted under this Chapter without the consent of the person or body for the time being entitled to the benefit thereof; and any such consent shall be signified in the instrument by which the easement is granted, as indicated in the Forms referred to in subsection 286(1).
(3)
No cross easements of support in respect of party wall may be granted by adjacent proprietors except in respect of a wall which stands on their common boundary and is certified by the
Director of Survey and Mapping to do so.
298
Act 828