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Property Law Act 1952  051
Commenced: 1 Jan 1953
IX: Easements, Restrictive Stipulations, and Matters Affecting Neighbouring Land
Easements and Covenants
126B   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
 land.

   (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
 provisions thereof.

   (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.
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