Date-stamp loading
Version status: Repealed | Document consolidation status: Updated to reflect all known changes
Version date: 30 November 2021 - onwards
  Version 3 of 3    

36. Tenancies.

Repealed from 30 November 2021

(1) Where the dominant owner acquiring an easement or profit à prendre under section 35 owns a tenancy only in the dominant land, the easement or profit à prendre attaches to that land and when the tenancy ends, passes to the landlord.

(2) Where an easement or profit à prendre is acquired under section 35 against a servient owner who owns a tenancy only in the servient land, it ends when that tenancy ends, but if the servient owner -

(a) acquires a superior interest in the land, the easement or profit à prendre attaches to the superior interest,

(b) obtains an extension or renewal of the tenancy, the easement or profit à prendre continues to attach to the land for the period of that extension or renewal.

(3) Nothing in subsection (2) prevents the subsequent acquisition of an easement or profit à prendre under section 35 on the basis of a new relevant user period against a landlord who takes possession of the servient land after the tenancy ends.

Comparing proposed amendment...