69 Utility right of way
corporation a right on, over or under the land for
(a) carrying, laying, constru cting, maintaining or using
conduits, cables, wires, poles or transmission lines,
RSA 2000
(b) laying, constructing, maintaining and operating pipelines for
the transmission, transportation or conduct of any substance,
(c) conveying water,
(d) drainage, irrigation, flooding or erosion,
(e) disposing of sewage,
(f) constructing or maintaining a public work,
(g) constructing, maintaining and operating a railway, street
railway or light rail transit, or
(h) constructing, maintaining and operating a temporary
roadway,
the instrument granting the right may be registered under this Act.
(2) The Crown or a corporation as a registered owner may grant to
itself a right for any purpose described in subsection (1).
(3) On registration, the grantee has the right to use the land in
accordance with the terms of the grant and that right runs with the
land notwithstanding that the benefit of the right is not appurtenant
or annexed to any land of the grantee.
(4) An instrument purporting to transfer, mortgage or encumber
any right granted by an instrument registered under subsection (1)
and executed by or on behalf of the grantee may be registered
under this Act.
(5) The grantee may at any time, by an instrument to that effect
registered under this Act, surrender the right granted by an
instrument registered under subsection (1).
(6) Notwithstanding subsection (5), a right that is subject to a
mortgage or encumbrance shall not be surrendered unless the
surrender is consented to by the mortgagee or encumbrancee.
RSA 1980 cL-5 s72;1985 c48 s2(16)