National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Creation
288. Special provisions as to easements of way
Feedback & supportWhere 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—
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
in the former case, without animals or vehicles, and
in the latter case, with or without animals or vehicles.