sec.131Creation of easements

sec.131 Creation of easements

The registrar of titles may register a stratum plan that— clearly indicates the nature and location of an easement intended to be created on registration of the stratum plan; and is accompanied by an instrument in the approved form signed by the proprietor of the land to be burdened by the easement. The instrument— must specify the nature and location of the easement and any conditions to which it is subject; and must specify the land to be benefited, and the land to be burdened, by the easement; and may nominate a person whose consent to a surrender of an easement is required. However, an easement may be created in favour of the State, the Commonwealth, a local government or the provider of a public utility service to enable the supply of services to stratum lots even though the easement is not annexed to, or used and enjoyed with, other land. An easement under this section may be limited wholly or partly in height or depth. On registration of a stratum plan and instrument, the proposed easements shown on the stratum plan— are created; and vest in the person entitled to the benefit of the easement. On registration of a stratum plan— an easement created by the registration has effect subject to the conditions specified in the instrument as if the instrument were a deed under seal; and the nomination in the instrument of a person whose consent to a surrender of the easement is required operates to require the consent of the person to a surrender of the easement. For the purposes of this section, the site of an easement may be indicated on the stratum plan— if the easement is intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground or within or beneath an existing building—by defining the position of the easements by reference to the objects; and as applying to the whole or part of a lot. Subsection (2) (c) does not affect the requirement for the proprietor of the land benefited by an easement to join in a surrender of the easement. An easement may be created under this section, and the rights and obligations in the instrument creating the easement are enforceable, whether or not at the time the relevant plan is registered the land burdened and the land benefited are in common ownership. In issuing a certificate of title for land benefited or burdened by an easement under this section, the registrar of titles is to record the easement on the certificate of title in a way that the registrar of titles considers appropriate. An easement under this section is not extinguished merely because the owner of the land benefited by the easement holds or acquires a greater interest in the land burdened. Subsections (1) and (9) have effect despite— the Real Property Acts or any other Act; or any rule of law or equity to the contrary. s 131 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.131-ssec.1) The registrar of titles may register a stratum plan that— clearly indicates the nature and location of an easement intended to be created on registration of the stratum plan; and is accompanied by an instrument in the approved form signed by the proprietor of the land to be burdened by the easement. (sec.131-ssec.2) The instrument— must specify the nature and location of the easement and any conditions to which it is subject; and must specify the land to be benefited, and the land to be burdened, by the easement; and may nominate a person whose consent to a surrender of an easement is required. (sec.131-ssec.3) However, an easement may be created in favour of the State, the Commonwealth, a local government or the provider of a public utility service to enable the supply of services to stratum lots even though the easement is not annexed to, or used and enjoyed with, other land. (sec.131-ssec.4) An easement under this section may be limited wholly or partly in height or depth. (sec.131-ssec.5) On registration of a stratum plan and instrument, the proposed easements shown on the stratum plan— are created; and vest in the person entitled to the benefit of the easement. (sec.131-ssec.6) On registration of a stratum plan— an easement created by the registration has effect subject to the conditions specified in the instrument as if the instrument were a deed under seal; and the nomination in the instrument of a person whose consent to a surrender of the easement is required operates to require the consent of the person to a surrender of the easement. (sec.131-ssec.7) For the purposes of this section, the site of an easement may be indicated on the stratum plan— if the easement is intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground or within or beneath an existing building—by defining the position of the easements by reference to the objects; and as applying to the whole or part of a lot. (sec.131-ssec.8) Subsection (2) (c) does not affect the requirement for the proprietor of the land benefited by an easement to join in a surrender of the easement. (sec.131-ssec.9) An easement may be created under this section, and the rights and obligations in the instrument creating the easement are enforceable, whether or not at the time the relevant plan is registered the land burdened and the land benefited are in common ownership. (sec.131-ssec.10) In issuing a certificate of title for land benefited or burdened by an easement under this section, the registrar of titles is to record the easement on the certificate of title in a way that the registrar of titles considers appropriate. (sec.131-ssec.11) An easement under this section is not extinguished merely because the owner of the land benefited by the easement holds or acquires a greater interest in the land burdened. (sec.131-ssec.12) Subsections (1) and (9) have effect despite— the Real Property Acts or any other Act; or any rule of law or equity to the contrary.