Land And Conveyancing Law Reform Act 2009

36.

Tenancies.

36.— (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.

[PA 1832, s. 8]

(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.