Article 21 Property etc. vested in more than one body

This paragraph applies to any hereditament comprising land parts of which are, by virtue of any provision of the principal Act or this or any relevant order vested in different bodies; and the bodies amongst which any such hereditament is divided or in which any rights and liabilities are vested are in this article referred to as “the relevant bodies”.

Where any easement or other right over one part (“the servient part”) of any hereditament to which paragraph (1) applies is required to enable another such part (“the dominant part”) to be used, or to enable the full benefit of that part to be enjoyed, the body in which the dominant part is vested may serve notice (“the initial notice”) on the body in which the servient part is vested specifying the easement or other right required and demanding that it be granted on the terms specified in the notice.

The body on which the initial notice is served shall grant the required easement or other right on the specified terms unless within 3 months of receiving the initial notice it serves a counter-notice stating that it does not agree that the easement or other right is so required or that it does not accept the specified terms.

The custody of documents of title and all other documents held by an abolished council and relating to any hereditament to which paragraph (1) applies or to any rights or liabilities which by virtue of this or any relevant order vest in more than one body shall vest in whichever of the relevant bodies may be agreed between them, and the other body or bodies shall be entitled during ordinary office hours to inspect and take extracts from, and to be supplied with, copies of all such documents; and, in the case of documents of title, the body having custody of such documents shall be treated for all the purposes of section 64 of the Law of Property Act 1925 as if it had given an acknowledgement in writing to production of such documents.

Any drain or sewer such as is mentioned in article 2(3) which serves a hereditament to which paragraph (1) applies shall vest in the relevant bodies jointly.