78. Easements created by Court order
(1) The Court may make an order, upon the application of any interested party (including the owner of any adjoining real property interest), imposing an easement over real property if the easement is reasonably necessary for the effective use or development of other real property that will have the benefit of the easement.
(2) The Court may make an order under subsection (1) only if satisfied that —
(a) use of the real property having the benefit of the easement will not be inconsistent with the public interest;
(b) the registered owner of the real property to be burdened by the easement and each other person having a registered interest in that real property can be adequately compensated for any loss or other disadvantage that will arise from imposition of the easement; and
(c) all reasonable attempts have been made by the applicant for the order to obtain the easement or an easement having the same effect but have been unsuccessful.
(3) The Court order is to specify the nature of the easement, and whatever information is required by section 71 to enable the easement to be registered. The order may limit the times at which the easement applies.
(4) The Court order is to provide for payment by the applicant to specified persons of any compensation the Court determines appropriate, unless the Court determines that compensation is not payable because of the special circumstances of the case.
(5) The applicant shall pay the costs of the proceedings, unless the Court orders otherwise.
(6) The easement may be varied or released in accordance with the provisions of section 73.
(7) Nothing in this section prevents the easement from being varied or extinguished under section 76.