517ZETransfer of existing easements, etc

1. Where a land drainage scheme or water race scheme is transferred by a local authority under this Part, the benefit of any existing easement, agreement, or right over or in respect of land relating to land drainage works, drainage channels, water races, or other facilities, for the purposes of the scheme, is deemed to be transferred to the person or group of persons to whom the scheme is transferred, notwithstanding that the easement, agreement, or right may not have been registered.

2. In respect of any land to which subsection (1) applies, the local authority must, at the request of the scheme owner, by notice registered in accordance with this section against the title of the land, indicate the existence of the relevant easement, agreement, or right and the fact that it has been transferred to the scheme owner pursuant to subsection (1).

3. Every such notice must—

4. be signed by the local authority; and
5. specify the parcel of land affected; and
6. have endorsed on the notice, or refer to, a diagram or plan showing the position or course of the land drainage works, drainage channels, water race, or other facility to which the easement, agreement, or right relates; and
7. be lodged by the local authority with the Registrar-General of Land, who must register it against the title to that land.

8. Notwithstanding anything in subsection (3)(c), where it is not practicable to show on the diagram or plan the true position or course of the land drainage works, drainage channels, water race, or other facilities to which the easement, agreement, or right relates, the notice registered in accordance with this section must indicate the position or course as nearly as possible, and, until the contrary is proved, the position or course so indicated is deemed to be the true position or course.

9. Where any such notice has endorsed on it or refers to a diagram or plan to which subsection (4) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land that the true position or course of the land drainage works, drainage channels, water race, or other facility differs from the position or course shown on the first-mentioned diagram or plan, the Registrar-General of Land must endorse on the notice and on any other appropriate titles, plans, or records a reference to the deposited plan; and the notice is thereupon deemed to have referred to the deposited plan from the date on which it was signed.

10. No action lies against the Crown under subpart 3 of Part 2 of the Land Transfer Act 2017 by reason of any notice registered under this section not indicating the true position or course of any land drainage works, drainage channel, or water race.

11. Notwithstanding any enactment or rule of law to the contrary, any notice registered under this section is deemed to be binding on any registered owner of an estate in fee simple or leasehold of, or on any registered licensee of, and on every person with a prior or subsequent interest registered against, the land or any interest in the land affected by the notice.

12. Any easement, agreement, or right referred to in any notice registered under this section may be transferred, by a transfer instrument registered under the Land Transfer Act 2017, to any person or group of persons to whom any land drainage scheme or water race scheme is subsequently sold or otherwise disposed of.