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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 30 November 2021 - onwards
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49A. Registration of easements and profits à prendre in certain cases.

(1) Where a person claims to be entitled to an easement or profit à prendre by prescription, the person may apply to the Authority and the Authority, if satisfied that there is such an entitlement to the easement or profit à prendre may, subject to subsections (2) and (3), cause it, as may be appropriate, to be -

(a) registered as a burden under section 69(1)(jj), or

(b) entered in the register pursuant to section 82 or, in the case of a profit à prendre in gross, in the register of ownership maintained under section 8(b)(i),

or both.

(2) Subsection (1) applies only in relation to claims in respect of which -

(a) the land benefited by the easement or profit à prendre, to which other land is subject, is registered land, or

(b) the claim is made as part of an application for first registration of that land.

(3) Subsection (2) shall not apply to profits à prendre in gross.

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