QLDIn ForceAct
Land Act 1994
sec.363Registration of easement
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### sec.363 Registration of easement
A document creating an easement may be registered only if—
a plan of survey designating the easement is also registered; and
it is signed by—
the owner of the land to be burdened; and
the owner of the land to be benefited by the easement or the public utility provider; and
the chief executive has given written approval to the easement.
A plan of survey is not necessary if the registrar of titles considers it is unnecessary because of exceptional circumstances.
Subsections (1) (b) and (c) do not apply to an easement compulsorily acquired by the State.
In this section, the State is taken to be the owner of unallocated State land and reserves.
In subsection (1) —
owner of the land includes a registered owner, trustee of land granted in trust, lessee and licensee.
s 363 amd 1997 No. 78 s 55 ; 2001 No. 33 s 13 ; 2004 No. 4 s 36 ; 2019 No. 17 s 167 ; 2021 No. 12 s 148 sch 3
(sec.363-ssec.1) A document creating an easement may be registered only if— a plan of survey designating the easement is also registered; and it is signed by— the owner of the land to be burdened; and the owner of the land to be benefited by the easement or the public utility provider; and the chief executive has given written approval to the easement.
(sec.363-ssec.2) A plan of survey is not necessary if the registrar of titles considers it is unnecessary because of exceptional circumstances.
(sec.363-ssec.3) Subsections (1) (b) and (c) do not apply to an easement compulsorily acquired by the State.
(sec.363-ssec.4) In this section, the State is taken to be the owner of unallocated State land and reserves.
(sec.363-ssec.5) In subsection (1) — owner of the land includes a registered owner, trustee of land granted in trust, lessee and licensee.
- (a) a plan of survey designating the easement is also registered; and
- (b) it is signed by— (i) the owner of the land to be burdened; and (ii) the owner of the land to be benefited by the easement or the public utility provider; and
- (i) the owner of the land to be burdened; and
- (ii) the owner of the land to be benefited by the easement or the public utility provider; and
- (c) the chief executive has given written approval to the easement.
- (i) the owner of the land to be burdened; and
- (ii) the owner of the land to be benefited by the easement or the public utility provider; and