27 (1) Where the first registered description of an easement is that contained in a condominium declaration and description, and the easement is expressly intended, (a)  to be an easement through the common elements and to benefit other land owned by the declarant; or (b)  to be an easement through other land owned by the declarant and to benefit the condominium property, the easement is created for all purposes to the same extent as if it had been created by a deed and the declarant had not been the same person as the owner of the other land.  R.S.O. 1990, c. R.20, s. 27 (1). Easement to benefit condominium property (2) Where, in a deed that is registered before the registration of a deed of any unit made by the declarant, an easement through land outside the condominium property is transferred by the declarant to the condominium corporation to be part of the common elements, the easement does not merge by operation of law.  R.S.O. 1990, c. R.20, s. 27 (2). Easement affecting common elements (3) Where, in a deed that is registered before the registration of a deed of any unit made by the declarant, the common elements are made subject to an easement expressly intended to benefit other land owned by the declarant, the easement is created for all purposes as if the declarant had not been the same person as the owner of the other land.  R.S.O. 1990, c. R.20, s. 27 (3). Easement becomes part of common elements (4) Where, in an instrument, an intention is expressed by a condominium corporation that an easement transferred to the corporation is to be part of the common elements, and any instrument to it required by the Condominium Act, 1998 or a predecessor of that Act has been registered, the easement, upon registration of the instrument in which the intention is expressed, becomes part of the common elements.  R.S.O. 1990, c. R.20, s. 27 (4); 2009, c. 33, Sched. 17, s. 12 (1). Where Planning Act does not apply (5) Section 50 of the Planning Act does not apply to an easement to which subsection (1) of this section applies, if the condominium description was approved or exempted under subsection 9 (3) of the Condominium Act, 1998 or a predecessor of that subsection.  R.S.O. 1990, c. R.20, s. 27 (5); 2009, c. 33, Sched. 17, s. 12 (2); 2015, c. 28, Sched. 1, s. 156. Retroactive effect (6) Except to the extent that rights governed by this section have been determined by a court, this section has retroactive application.  R.S.O. 1990, c. R.20, s. 27 (6). Definitions (7) In this section, “common elements”, “declarant”, “declaration”, “description”, “property” and “unit” have the same meaning as in the Condominium Act, 1998. (“parties communes”, “déclarant”, “déclaration”, “description”, “propriété”, “partie privative”)  2009, c. 33, Sched. 17, s. 12 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 12 (1-3) - 15/12/2009 2015, c. 28, Sched. 1, s. 156 - 03/12/2015 28 Repealed:  1998, c. 18, Sched. E, s. 223. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 223 - 18/12/1998 29 Repealed:  1998, c. 18, Sched. E, s. 223. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 223 - 18/12/1998 30 Repealed:  1998, c. 18, Sched. E, s. 223. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 223 - 18/12/1998