CHAPTER
146
RULE AGAINST PERPETUITIES (APPLICATION TO FUTURE EASEMENTS) |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Rule against Perpetuities applies to future
easements. |
CHAPTER 146 |
RULE AGAINST
PERPETUITIES (APPLICATION TO FUTURE EASEMENTS) |
An Act to
declare the application of the rule against perpetuties to future easements. | 21 of 1963 |
[Commencement 31st
July, 1963] |
1. This Act may be cited as the Rule against
Perpetuities (Application to Future Easements) Act. | Short title. |
2. For the avoidance of doubt it is hereby declared as
follows- | Rule against Perpetuities applies to future easements. |
(a) The Rule
against Perpetuities applies and shall be deemed always to have applied to
future easements of all kinds, and any interest or estate in or over land which
is, or purports to be, a future easement shall be utterly void from the date of
its purported creation or grant, unless it is apparent at the date of such
creation or grant that it must vest or must have vested within the period of a
life or lives in being and twenty-one years thereafter, nor shall any covenant
not to interfere with such easement be implied from the grant thereof; |
(b) A covenant
not to interfere with the exercise of rights which, if directly granted, would
constitute an easement declared void under paragraph (a) hereof shall not be
enforceable against a purchaser of land affected thereby. |