Rule 121 – Easement or profit à prendre

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(1) Every application for the registration of an easement or profit à prendre as a burden shall be accompanied by an application map showing the part of the property described on the register over which the right is to be exercised, unless it can be otherwise clearly identified on the registry map from the description in the instrument creating the right. Where the application is for registration of a right of way, the grant may be made in Form 67, with such modifications as the case may require.

(2) The application shall also be accompanied by an application map showing the property to which the right granted (except it is a profit à prendre in gross) is appurtenant, unless it can be identified on the registry map by reference to the folio of the register in which its ownership is registered.

(3) The map, if not endorsed on and referred to in the instrument creating the right, shall be signed by the registered owner of the property on which the right is to be registered as a burden and by the grantee of the right or his/her solicitor.

(4) Where appropriate, the provisions of Rule 29 shall apply to such map.