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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.