69. Implied easements of way and other rights shown in subdivision plan
(1) Where the Relevant Authority has approved the subdivision of real property into two or more lots, and the approved subdivision plan sets apart real property for the purposes of the easements referred to in subsection (2), there are implied under this section in favour of each lot that is used or intended to be used as a separate parcel of real property, the easements referred to in subsection (2).
(2) The easements implied under this section are easements for drainage and the passage of water, gas, electricity, sewerage, telecommunications conduit and cabling, fiber-optic installations, telephone lines and other similar services (collectively, "Service Infrastructure") to the lot, over or under the real property set apart for those purposes on the subdivision plan, as are necessary for the reasonable enjoyment of the lot and of any building on it at any time.
(3) The benefited party shall contribute a reasonable proportion of the cost of maintaining the infrastructure of the easements. However, the obligation to maintain party walls binds only the owners of the lots on which the party walls stand.
(4) Subsection (3) does not make a person liable to contribute to expenditure incurred at a time before becoming, or after ceasing to be, owner.
(5) Unity of ownership of two or more lots does not destroy the easements implied under this section.
(6) The easements implied under this section are enforceable without any need for registration. However, the Registrar may (but need not) make an entry in the Register about the existence of the easements.
(7) A party exercising easement rights under this section shall be obligated to indemnify, defend and hold harmless the burdened party, against any loss or damage resulting out of such exercise, except to the extent the loss or damage is due to the owner of the land's own gross negligence or willful misconduct.