90BSubdivision of land

### 90B Subdivision of land > *\[Section 90B Inserted by No. 72 of 1962, s. 7 \]* > > > (1)  *\[Section 90B Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II \]**\[Section 90B Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 \]*In this section the expressions ***legal subdivision*** and ***sealed plan*** have the same meaning as in [Division 1 of Part 3 of the](/view/html/inforce/2026-04-12/act-1993-096#HP3@HD1@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) . > > > (2)  In an assurance effecting the legal subdivision of land comprised in a sealed plan the land shall be described by reference to that plan. > > > (3)  *\[Section 90B Subsection (3) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*An assurance of land comprised in and described by reference to a sealed plan shall, without any express mention and notwithstanding any contrary expression, assure that land together with and subject to any easements and *profits a prender* shown as appurtenant to and existing or to exist over that land or as appurtenant to other land comprised in the sealed plan – > > > > > > (a) so that where land comprised in the sealed plan is under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) a reference to the sealed plan on the relevant folio of the Register under that Act shall be a sufficient notification for the purposes of that Act of easements and *profits a prender* shown on that plan; and > > > > > > > (b) notwithstanding that the sealed plan comprises both land that is and land that is not under that Act and shows easements and *profits a prender* appurtenant to land that is under that Act over land that is not or the other way round. > > > (4)  *\[Section 90B Subsection (4) substituted by No. 69 of 1963, s. 2 \]**\[Section 90B Subsection (4) amended by No. 101 of 1973, s. 5 \]*The schedule of easements to a sealed plan shall be deemed to have been sufficiently signed if it has been signed by the person who on inspection of – > > > > > > (a) the folium of the register book constituted by the grant or certificate of title to the land; or > > > > > > > (b) the register of deeds – > > > > as the case requires, appears to the Recorder of Titles to have power to create the interests set forth in the schedule that the purchasers of land comprised in the plan are to acquire. > > > (5)  *\[Section 90B Subsection (5) substituted by No. 69 of 1963, s. 2 \]*When a sealed plan takes effect the persons who have signed the schedule of easements thereto shall be deemed to have the power respectively to create those interests without the concurrence of any person who has not signed it. > > > (6)  *\[Section 90B Subsection (6) substituted by No. 69 of 1963, s. 2 \]*Nothing contained in [subsection (5)](#GS90B@Gs5@EN) affects or prejudices the enforcement by a person who has not signed the schedule of any remedies that he may have against a person who wrongfully signed the schedule as a person entitled to create an interest set forth therein. > > > (7)  *\[Section 90B Subsection (7) omitted by No. 69 of 1963, s. 2 \]*.  .  .  .  .  .  .  .   > > > (8)  *\[Section 90B Subsection (8) amended by No. 55 of 1965, s. 5 \]*Failure to comply with [subsection (2)](#GS90B@Gs2@EN) does not make the assurance used void but makes the vendor liable to a penalty of $200.