Part 7Servitudes

Positive servitudes

76Disapplication of requirement that positive servitude created in writing be of a known type

1

Any rule of law that requires that a positive servitude be of a type known to the law shall not apply in relation to any servitude created in accordance with section 75(1) of this Act.

2

Nothing in subsection (1) above permits the creation of a servitude that is repugnant with ownership.