94Taking effect of sealed plan

94 Taking effect of sealed plan

(1)  A final plan takes effect as a sealed plan when the Recorder of Titles signs and dates a memorandum on the plan that the plan is accepted –

(a) without requiring any amendment; or

(b) as a result of further discussion; or

(c) upon an order of the Supreme Court; or

(d) upon the making of an amendment agreed to by the owner and the council.

(2)  [Section 94 Subsection (2) amended by No. 31 of 2020, s. 17, Applied:30 Nov 2020] When a plan takes effect, the Recorder of Titles is to, within 21 days –

(a) bring under the provisions of the Land Titles Act 1980 any land comprised in the plan that is not under it; and

(b) deliver free to the owner, the surveyor and the council, one copy of the sealed plan as accepted; and

(c) create any folios the Recorder considers necessary.

(3)  Each copy of the sealed plan is to show the memorandum of acceptance.

(4)  When a plan that shows easements or other rights over or for the benefit of land which is not under the provisions of the Land Titles Act 1980 takes effect, the Recorder of Titles is to cause any entries to be made in the index kept under the Registration of Deeds Act 1935 the Recorder considers sufficient to give notice of the existence of those rights to persons searching title in the Registry.

(5)  When a plan has taken effect a person must not –

(a) obstruct the exercise by the owner or occupier of land of a right shown on the plan; or

(b) contravene a restriction on the use of land shown on the plan.

Penalty:  Fine not exceeding 10 penalty units.

(6)  It is not a defence in proceedings under subsection (5) to prove that the right or restriction was not created or has been extinguished but the court may adjourn the proceedings to enable the plan to be amended.