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In This Volume

  • 22 (1) In the case of the grant of an easement, profit à prendre or other similar interest, not referred to in section 21(1) to (3), to which the rule against perpetuities may be applicable,
  • (a) the perpetuity period is 80 years from the date of the creation of the easement, profit à prendre or other similar interest,
  • (b) the validity or invalidity of the easement, profit à prendre or other similar interest, so far as remoteness is concerned, must be determined by actual events within the 80 year period, and
  • (c) the easement, profit à prendre or other similar interest is only void for remoteness if and to the extent that it fails to acquire the characteristics of a present exercisable right in the servient land within the 80 year period.
  • (2) This section does not apply to a provision in
  • (a) a will, or
  • (b) a trust.

1979-321-19.