20Easements

20 Easements

20 Easements

(1) The Governor may, by order published in the Gazette, declare easements described in the order (whether acquired or created pursuant to section 19 or otherwise) to be appurtenant to the site, and the declaration shall, subject to subsection (5), have effect according to its terms.

(2) An easement appurtenant to the site may, where the Commission is not the owner or registered proprietor of the land to which the easement is appurtenant, be released, varied or modified by the owner or registered proprietor for the time being of the land to which the easement is appurtenant with the consent in writing of the Commission.

(3) Upon lodgment in a form approved by the Registrar-General of a copy of an order published under subsection (1), the Registrar-General shall:

(a) where the land to which the order relates is land under the provisions of the Real Property Act 1900—make such recordings in the Register kept under that Act in respect of the easement to which the order relates as he considers appropriate, or

(b) in any other case—cause the copy of the order to be registered in the General Register of Deeds kept under the Registration of Deeds Act 1897.

(4) For the purposes of the Registration of Deeds Act 1897, a copy of an order registered pursuant to subsection (3) (b) shall be deemed to be a registration copy of an instrument duly registered under that Act.

(5) An order published under subsection (1) has no force or effect unless:

(a) a recording is made in respect of the easement to which it relates, or

(b) the copy of the order is registered,

pursuant to subsection (3), and the order takes effect when the recording is so made or the copy is so registered.

(6) Section 88 (1) of the Conveyancing Act 1919 does not apply to an easement to which an order under subsection (1) relates.