138JAcquisition of easements by possession

138J Acquisition of easements by possession

[Section 138J Substituted by No. 36 of 2012, s. 39, Applied:13 Nov 2012]

(1)  A person who has exercised rights which may amount to an easement at common law for a period of not less than 15 years, or not less than 30 years if the owner of the land is a person under disability, may apply, in accordance with Division 3 , to the Recorder for an order vesting an easement in respect of those rights in the person.

(2)  An application is to be in a form approved by the Recorder.

(3)  The Recorder may make an order referred to in subsection (1) in favour of –

(a) an applicant who, after giving notice under section 138K(1) , continues to exercise rights which the Recorder considers may amount to an easement; or

(b) an applicant who, after giving notice under section 138K(1) , has been prevented or hindered in the exercise of rights which the Recorder considers may amount to an easement by the direct or indirect action of the owner of the servient tenement; or

(c) [Section 138J Subsection (3) amended by No. 23 of 2021, s. 107, Applied:01 Jan 2022] an applicant who has exercised rights in accordance with subsection (1) which the Recorder considers may amount to an easement but, before giving notice under section 138K(1) , has been prevented or hindered in the further exercise of those rights by the direct or indirect action of the owner of the servient tenement if the applicant gives notice under section 138K(1) within 180 days after first becoming so prevented or hindered in the further exercise of those rights.