75CDVesting by plans of buildings over or partly over rivulets

### 75CD Vesting by plans of buildings over or partly over rivulets > [*\[Section 75CD of Part XI Inserted by No. 10 of 2000, s. 8, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS8@EN) > > > (1)  The Council may, by declaration under its seal and endorsed on a building title plan in the prescribed form, declare that – > > > > > > (a) the building comprised in the plan and erected entirely over a rivulet vests in a person for an estate in fee simple; or > > > > > > > (b) where the building comprised in the plan is erected partly over a rivulet and partly on adjoining land on one side of the rivulet, the part of the building over the rivulet vests in the owner of the adjoining land for an estate in fee simple; or > > > > > > > (c) where the building comprised in the plan is erected partly over a rivulet and partly on land on both sides of the rivulet, the part of the building over the rivulet vests in the owner of the adjoining lands for an estate in fee simple. > > > (2)  [Subsection (1)(c)](#GS75CD@Gs1@Hpc@EN) does not apply where the same owner does not own land on both sides of a rivulet. > > > (3)  A building title plan may be used to subdivide into lots the building comprised in the plan, notwithstanding that the site is not all in one ownership, and where the plan is so used the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) applies to it. > > > (4)  Where a building title plan is not intended to operate under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , there is to be endorsed on it a certificate under the hand of the town clerk of the Council that the building in the plan has been completed in accordance with the description contained in it. > > > (5)  The site shown on a building title plan is to extend at least to the external lateral surfaces of the building comprised in the plan. > > > (6)  Where a building title plan is not intended to operate under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , the plan – > > > > > > (a) is to delineate the external surface boundaries of the site and the location of the building in relation to those boundaries; and > > > > > > > (b) is to bear a statement containing such particulars as are necessary to identify the title to the site; and > > > > > > > (c) is to bear a statement specifying the number of floors comprised in the building and the approximate area of each floor; and > > > > > > > (d) is to contain such other features as may be prescribed. > > > (7)  A statement for the purposes of [subsection (6)(b)](#GS75CD@Gs6@Hpb@EN) may be completed by the Recorder of Titles where any part of the land within the building title plan to which the statement relates is not under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) . > > > (8)  Where a building title plan was lodged with the Council during the period commenced on 17 January 1994 and ended on the date of commencement of the [Strata Titles (Miscellaneous Amendments) Act 2000](/view/html/inforce/2026-04-12/act-2000-999) , the plan is taken to have been subject to the [Hobart Corporation Act 1963](/view/html/inforce/2026-04-12/act-1963-999) as in force immediately before the first-mentioned date, notwithstanding the repeal of that Act by the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .