Property Law Act 1952
Commenced: 1 Jan 1953
IX: Easements, Restrictive Stipulations, and Matters Affecting Neighbouring Land
Easements and Covenants
Rights implied in easements of vehicular right of way
[126B. Rights implied in easements of vehicular right of way---(1) In
every grant of an easement of vehicular right of way there shall be
implied the rights set out in the Ninth Schedule to this Act.
(2) To the extent that any such rights may be exercised by an occupier
in respect of the occupier's own land, those rights shall be in addition
to and not in limitation of the occupier's rights as occupier of the
(3) Subsection (1) of this section applies only in so far as a
contrary intention is not expressed in the instrument, contract, or
arrangement creating the easement, and shall have effect subject to the
(4) Where the instrument, contract, or arrangement creating the
easement was executed, entered into, or made before the date of the
commencement of this section, no provision of that instrument, contract,
or arrangement shall be taken for the purposes of subsection (3) of this
section to express a contrary intention unless that provision is for the
time being legally enforceable.
(5) The provisions of this section shall be in addition to and not in
derogation of the provisions of section 90D of the Land Transfer Act
1952 and section 27 (3) of the Housing Act 1955.