sec.85Instrument affecting freehold and non-freehold land

### sec.85 Instrument affecting freehold and non-freehold land If an easement benefits or burdens both freehold and non-freehold land, the easement must be registered in the appropriate registers. Further dealings affecting the easement must also be registered in the appropriate registers. If a lot subject to an easement is surrendered to the State to be dealt with under the Land Act 1994 , the easement continues over the resulting unallocated State land only if— the easement is in favour of a public utility provider; and the Minister approves continuation of the easement. If an easement continues over unallocated State land, the continuation must be recorded in the appropriate registers. s 85 sub 1994 No. 81 s 527 sch 5 (sec.85-ssec.1) If an easement benefits or burdens both freehold and non-freehold land, the easement must be registered in the appropriate registers. (sec.85-ssec.2) Further dealings affecting the easement must also be registered in the appropriate registers. (sec.85-ssec.3) If a lot subject to an easement is surrendered to the State to be dealt with under the Land Act 1994 , the easement continues over the resulting unallocated State land only if— the easement is in favour of a public utility provider; and the Minister approves continuation of the easement. (sec.85-ssec.4) If an easement continues over unallocated State land, the continuation must be recorded in the appropriate registers. - (a) the easement is in favour of a public utility provider; and - (b) the Minister approves continuation of the easement.