Land Titles Act 1980
138KApplicant to notify owner of servient tenement
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138K Applicant to notify owner of servient tenement
(1) [Section 138K Subsection (1) amended by No. 23 of 2021, s. 108, Applied:01 Jan 2022] [Section 138K Subsection (1) amended by No. 36 of 2012, s. 40, Applied:13 Nov 2012] Before lodging an application for an easement under this Part, the applicant must give written notice of the claim, in the approved form, to the owner of the servient tenement and produce evidence satisfactory to the Recorder that the applicant has done so.
(2) The owner of the land may, within 30 days after receipt of the notice, lodge with the Recorder a notice of objection in an approved form against the easement claimed.
(3) If the owner does not lodge a notice of objection, the Recorder must consider the application in accordance with this Part.
(4) [Section 138K Subsection (4) amended by No. 23 of 2021, s. 108, Applied:01 Jan 2022] If the owner lodges a notice of objection, the Recorder may not consider the application unless the Recorder is satisfied that the applicant would suffer serious hardship if the application is not granted.