Legal advice regarding Viridian submission · MCU18/0015

of Classification is required or applicable, and otherwise, as
reasonably determined by the Grantor’s Architect.”

[underlining added]

Easements M and P

Easements M and P benefit Lot 27 and they relate principally to refuse
arrangements, providing the ability for the owner of Lot 27 to construct
and use a garbage bin storage area on the Viridian land and ancillary rights.

The following terms of note arise from Easements M and P:

"9,

"g.

Subject to the provisions hereof and in particular without limitation
to the provisions for clause 7 hereof, the Grantor hereby grants to
the Grantee the non-exclusive right to construct upon and use such
part of parts of the Servient Tenement as are set aside for the
purpose of the storage and use of garbage bins including all rights
reasonably ancillary to the use (including reasonably necessary
pedestrian but not vehicular access) subject to the following terms
conditions and restrictions provided that no individual Grantee have
the right to utilise any more of the Servient Tenement than any other
grantee.

The Grantee may construct upon the Servient Tenement at its own
expense in all respects, an appropriate slab or sealed surface, fencing
to surround, and the planting of appropriate screening, garden and/or
shrub areas, such are to be completely enclosed and effectively
screen for present and future use, in a manner to be approved by the
Grantor. Before any construction is commenced, the Grantee must
submit to the Grantor for its approval full details of the proposed
enclosure design, construction, and = materials, screening
landscaping, and the like, and must obtain the consent of the Grantor
in that regard before proceeding or exercising and any rights
hereunder (such consent not to be unreasonably withheld or
delayed); such design and construction material landscaping and the
like to be in accordance with all relevant Local Authority
requirements.”

The benefit and effect of this easement is agreed to be postponed,
and the Grantee agrees that it shall have no right to exercise any of
the rights referred to in this easement, until a development approval
is granted, and the development is completed, for the Dominant
Tenement.

Advice (00009799)