Section 287
Enjoyment of easements by lessees, tenants and chargees in possession
of National Land Code (Revised - 2020)
(1)
The benefit of any easement granted under this Chapter shall be enjoyed not only by the proprietor of the dominant land and his successors in title, but also by—
(a)
any lessee or tenant thereof or, so far as the nature of the easement permits, of any part thereof, and
(b)
any chargee for the time being in occupation thereof or, so far as the nature of the easement permits, of any such part.
299
National Land Code 447
(2)
Any lessee, tenant or chargee entitled to the benefit of any easement by virtue of this section may take in his own name any proceedings necessary for its enforcement.
Special provisions as to easements of way 288.
Where any easement of way granted under this Chapter is described in the instrument of grant as a “right of footway” or
“right of carriageway”, it shall, subject to any provision therein to the contrary, be construed as authorizing any person for the time being entitled to the benefit thereof, or acting with the express or implied consent of any person or body so entitled, to pass and repass over the servient land at all times, and for all purposes connected with the dominant land—
(a)
in the former case, without animals or vehicles, and
(b)
in the latter case, with or without animals or vehicles.