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SCHEDULES

SCHEDULE 9E+W GRANT OF LEASES BACK TO FORMER FREEHOLDER

Extent Information

E1Sch. 9 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5

Part IVE+W TERMS OF LEASE GRANTED TO FREEHOLDER

Rights of support, passage of water etc.E+W

10(1)This paragraph applies to rights of any of the following descriptions, namely—E+W

(a)rights of support for a building or part of a building;

(b)rights to the access of light and air to a building or part of a building;

(c)rights to the passage of water or of gas or other piped fuel, or to the drainage or disposal of water, sewage, smoke or fumes, or to the use or maintenance of pipes or other installations for such passage, drainage or disposal; and

(d)rights to the use or maintenance of cables or other installations for the supply of electricity, for the telephone or for the receipt directly or by landline of visual or other wireless transmissions;

and the provisions required to be included in the lease by virtue of sub-paragraph (2) are accordingly provisions relating to any such rights.

(2)The lease shall include provisions having the effect of—

(a)granting with the demised premises (so far as the lessor is capable of granting them)—

(i)all such easements and rights over other property as are necessary to secure as nearly as may be for the benefit of the demised premises the same rights as exist for the benefit of those premises immediately before the appropriate time, and

(ii)such further easements and rights (if any) as are necessary for the reasonable enjoyment of the demised premises; and

(b)making the demised premises subject to the following easements and rights (so far as they are capable of existing in law), namely—

(i)all easements and rights for the benefit of other property to which the demised premises are subject immediately before the appropriate time, and

(ii)such further easements and rights (if any) as are necessary for the reasonable enjoyment of other property, being property in which the lessor acquires an interest at the appropriate time.