Part 3Land

26Persons under a disability may grant servitudes, etc.

Any person who is entitled by section 7 of the 1845 Lands Act (as incorporated with this Act) to dispose of land may, for any purpose connected with this Act, create a new servitude or other right in relation to such land.

But this section does not permit the creation of a servitude or other right in relation to water in which a person other than the creator has an interest.