NOTE Part 7 of the Bill is not a re-statement of the law of servitudes. Instead the provisions of the part are narrow and focused, and pre-suppose the underlying common law. The first, s 71, introduces a requirement of dual registration in the creation of servitudes by deed. Under the present law, the right to such a servitude can be completed by possession or alternatively by registration against either property.
Possession is no longer sufficient.
See paragraphs 12.17 to 12.19 of the report. The requirement is expressed negatively, and no rule is given as to the time of creation. See paragraph 12.21 of the report. See paragraph 12.19 of the report. See paragraphs 12.22 to 12.24 of the report.