84DVesting of blocks subject to rights of way

### 84D Vesting of blocks subject to rights of way > *\[Section 84D Inserted by No. 3 of 1978, s. 3 \]**\[Section 84D Subsection (14) amended by No. 30 of 1995, s. 3 and Sched. 1 \]* > > > (1)  In this section ***servient land*** means a piece of land – > > > > > > (a) that is subject to an easement in the exercise of which the person entitled to its benefit is entitled to pass over or go on to any part of that piece of land; or > > > > > > > (b) that appears from the documents of title relating to the land or any annotations or entries made thereon to have been intended to be used as if it were a piece of land that was subject to such an easement as is referred to in [paragraph (a)](#GS84D@Gs1@Hpa@EN) . > > > (2)  In relation to any servient land references in this section to the dominant land shall be construed as references to any land to which there is appurtenant an easement giving a right to any person to pass over or go on the whole or any part of that servient land and, where it appears, as mentioned in [subsection (1)](#GS84D@Gs1@EN) [(b)](#GS84D@Gs1@Hpb@EN) , that the servient land was intended for use as a means of access to any other land, that other land. > > > (3)  On the application of the owner of any dominant land the appropriate tribunal may, by order, direct that the servient land, or such part of it as may be specified in the order, be vested in him as an addition to such of the dominant land owned by him as may be so specified, and if it does so direct, it may further direct whether or not on being so vested it shall remain or become subject to any specified easement. > > > (4)  *\[Section 84D Subsection (4) amended by No. 30 of 1995, s. 3 and Sched. 1 \]*An order shall not be made under this section directing the vesting of part only of the servient land as an addition to any dominant land unless – > > > > > > (a) it is in accordance with a previously approved plan or a sealed plan within the meaning of the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) ; or > > > > > > > (b) a certificate is produced from the corporation of the municipality in which the servient land is situated that the transaction directed by the order is not in contravention of that Act. > > > (5)  An order shall not be made under this section in relation to servient land unless the owners of the whole of the dominant land agree to its terms. > > > (6)  An order under this section directing the vesting of land in any person may direct that person to pay to any person divested by virtue of the order of an estate in that land such sum as the tribunal thinks just to award. > > > (7)  *\[Section 84D Subsection (7) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*Where an order is made under this section directing the addition of land to dominant land the addition shall be effected by the creation of one folio of the Register for the dominant land and the land to be added, in which the dominant land and the land to be added are described as one parcel of land. > > > (8)  [*\[Section 84D Subsection (8) amended by No. 23 of 2021, s. 11, Applied:01 Jan 2022\]*](/view/html/inforce/2022-01-01/act-2021-023#GS11@Hpa@EN) *\[Section 84D Subsection (8) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*An application for the creation of such a folio as is referred to in [subsection (7)](#GS84D@Gs7@EN) shall be made to the Recorder by the registered proprietor of the dominant land or, if that land is not under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , by the person competent to bring the land under that Act; but the Recorder shall not consider the application unless there is provided to the Recorder – > > > > > > (a) [*\[Section 84D Subsection (8) amended by No. 23 of 2021, s. 11, Applied:01 Jan 2022\]*](/view/html/inforce/2022-01-01/act-2021-023#GS11@Hpb@EN) the certificate of title, if any, of the land; or > > > > > > > (b) [*\[Section 84D Subsection (8) amended by No. 23 of 2021, s. 11, Applied:01 Jan 2022\]*](/view/html/inforce/2022-01-01/act-2021-023#GS11@Hpb@EN) an application to dispense with the requirement to provide to the Recorder the certificate of title, if any, of the land; or > > > > > > > (c) [*\[Section 84D Subsection (8) amended by No. 23 of 2021, s. 11, Applied:01 Jan 2022\]*](/view/html/inforce/2022-01-01/act-2021-023#GS11@Hpb@EN) evidence that will enable the Recorder to bring the land under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) . > > > (9)  *\[Section 84D Subsection (9) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*An application for the purposes of [subsection (8)](#GS84D@Gs8@EN) in respect of any dominant land has effect as an application to bring under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) so much of that land and the land to be added thereto as is not under that Act. > > > (10)  *\[Section 84D Subsection (10) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*A folio created under this section shall be created in accordance with the terms of the order under which it is made and, subject to those terms, has effect to extinguish all estates and interests previously subsisting in the land added by the folio to the dominant land. > > > (11)  *\[Section 84D Subsection (11) substituted by No. 19 of 1980, s. 171 and Sched. 1 \]*On the creation of a folio under this section any mortgage or encumbrance to which the dominant land contained within the folio is subject extends to the whole of the land within the folio. > > > (12)  *\[Section 84D Subsection (12) substituted by No. 19 of 1980, s. 171 and Sched. 1 \]* [Section 32 of the](/view/html/inforce/2026-04-12/act-1980-019#GS32@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) applies to the description of land in a folio created under this section as if the words "pursuant to this Part (other than Division 1)" were omitted from [subsection (1) of that section](/view/html/inforce/2026-04-12/act-1980-019#GS32@Gs1@EN) . > > > (13)  *\[Section 84D Subsection (13) omitted by No. 19 of 1980, s. 171 and Sched. 1 \]*.  .  .  .  .  .  .  .   > > > (14)  *\[Section 84D Subsection (14) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*The land comprised within a folio of the Register created for the purposes of [subsection (7)](#GS84D@Gs7@EN) shall be deemed to constitute a single block for the purposes of the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) , but if that folio is a qualified title as defined by [section 3 of the](/view/html/inforce/2026-04-12/act-1980-019#GS3@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) nothing in this subsection shall be construed as prejudicing or affecting any estate or interest protected by the caution recorded on that folio.