84JStatutory rights of user

### 84J Statutory rights of user > *\[Section 84J Inserted by No. 3 of 1978, s. 3 \]* > > > (1)  Subject to this section, where the Supreme Court is satisfied that to facilitate the reasonable user of any land (in this section referred to as "the dominant land") for some public or private purpose it is consistent with the public interest that a statutory right of user should be created over other land (in this section referred to as "the servient land") it may, by order, impose upon the servient land, or on the owner for the time being thereof, an obligation of user or an obligation to permit the user of that land in accordance with the order. > > > (2)  A statutory right of user imposed under this section shall take the form of an easement, licence, or other right that may be created by act of the owners of the dominant land and the servient land or any of them. > > > (3)  An order shall not be made under this section unless the Court is satisfied that the owner of the servient land can be adequately compensated in money for any loss or disadvantage that he may suffer from the operation of the order. > > > (4)  An order under this section, unless the Court for special reasons determines otherwise, shall include provision for the payment by the applicant to such person or persons as may be specified in the order of such amount by way of compensation or consideration as in the circumstances appears to the Court to be just. > > > (5)  An order under this section is binding, to the extent the order provides, on all persons, whether of full age or capacity or not, then entitled or thereafter becoming entitled to the servient land or the dominant land, whether or not those persons were parties to, or had notice of, the proceedings on the order. > > > (6)  A statutory right of user has effect as if it were derived from the most effectual instruments made by the parties capable of creating the right, and may, accordingly, be extinguished or modified by act of parties. > > > (7)  [*\[Section 84J Subsection (7) substituted by No. 4 of 2001, s. 21, Applied:12 Apr 2001\]*](/view/html/inforce/2001-04-12/act-2001-004#GS21@EN) A statutory right of user that affects any land within a plan of subdivision may not be created under this section unless – > > > > > > (a) the applicant produces a certificate from the relevant council to the effect that the application does not contravene [Division 3 of Part 3 of the](/view/html/inforce/2026-04-12/act-1993-096#HP3@HD3@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) ; or > > > > > > > (b) the Court is otherwise satisfied that there is no such contravention.