74. Creation of easements.

Since 1926 the only easements capable of subsisting at law are easements for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute1. A legal easement is an easement capable of subsisting at law which has been validly created at law, namely by statute, deed or prescription2. An easement which does not take effect as a legal easement takes effect as an equitable interest and is called an equitable easement3.

In the case of unregistered land, the deeds should disclose the existence of any express legal easement and it may also be