ACTIn ForceAct
Land Titles Act 1925
103CEasements in gross—registration, transfer and
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103C Easements in gross—registration, transfer and
extinguishment
(1) The registrar-general may register an easement in gross, being an
easement that does not benefit any land and is registered in favour of
1 of the following:
(a) the Territory or a body corporate established by or under a
Territory law;
(b) the Commonwealth or a body corporate established by or under
a Commonwealth law;
(c) a State or another Territory or a body corporate established by
or under a law of the State or other Territory;
(d) a person who is providing a public utility service in the ACT.
(2) Where the business of providing a public utility service is transferred,
the registrar-general may, on application by the transferee, register
the transfer of the benefit of any public utility easement in respect of
that business or all such easements, to the transferee.
(3) Where—
(a) a public utility easement is registered in favour of a person or
body; and
(b) the person or body ceases to provide the public utility service
for the purposes of which the easement was registered;
the easement shall—
(c) on application by the transferee under subsection (2), be
registered in the name of the person or body to whom the
business of providing that service is transferred; or
(d) where the transfer of the easement has not been so registered
within 30 days of the transfer of the business or where there is
no such transferee—shall be extinguished.
public utility easement, in relation to a business providing a public
utility service, means an easement registered in the name of a person
or body for the purposes of that business.
Easements and other incorporeal rights Division 10.3B