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26(1) In this Part the expression "right of user" means a licence to enter on and use land for the purposes of a gas pipe line obtained either
(a) by agreement with the owner of the land affected thereby, as provided in subsection 27(3); or
(b) by expropriation.
Form of grant of right of user
26(2) A right of user, where it is granted by the owner of the land affected thereby, shall be in the form set forth in the Schedule or in such form as the minister may, by regulation, approve.
Documents to accompany grant of right of user
26(3) An instrument granting a right of user executed by the owner of the land affected thereby in the form in the Schedule (whether or not other persons join therein as co-grantors),
(a) shall not be attached to a caveat filed as herein, and in The Real Property Act, provided unless it is accompanied by affidavits as to the execution thereof by the parties thereto in forms satisfactory to the district registrar; and
(b) where it relates to land forming part of the homestead of any person within the meaning of The Homesteads Act, is a disposition as defined in that Act.
Conditions of expropriation
26(4) Where a right of user is expropriated, the right of user is subject to all the terms and conditions, with such modifications as the circumstances require, set out in the form of grant of right of user set out in the Schedule to this Act substituting for the expression "the grantor", the persons having an interest in the land to which the right of user refers and against whom the right of user applies, and for the expression "the grantee", the person by whom the right of user is expropriated.
Effect of right of user
26(5) A right of user
(a) shall, subject as herein provided, be deemed to be land for the purposes of The Expropriation Act; and
(b) is a right to which section 106 or 106.1 of The Real Property Act applies, and the agreement granting it may be registered or filed as provided in those sections, and where it is expropriated, the declaration of expropriation registered in the land titles office in respect thereof shall be deemed to be an instrument registered or filed as provided in those sections.
-------------------------------------------------- Note added at 2 days 5 hrs 6 mins (2004-01-31 13:23:29 GMT) --------------------------------------------------
Dreptul de folosinta este unul dintre atributele dreptului de proprietate si nu se confunda nici in romana cu \"dreptul de a folosi\" ceva, expresie care nu are un sens juridic diferit de cel din limbajul general.