46Transfers

46 Transfers

46 Transfers

(1) Where land under the provisions of this Act is intended to be transferred, or any easement or profit à prendre affecting land under the provisions of this Act is intended to be created, the proprietor shall execute a transfer in the approved form.

(1A) A transfer that creates an easement or a profit à prendre must be—

(a) executed by the registered proprietor of the land burdened and the land benefited, if any, and

(b) accompanied by the written consent of every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the folio of the Register for the land burdened.

(2) This section does not apply to the creation of an easement or profit à prendre that burdens and benefits separate parcels of land if the same person is the proprietor of the separate parcels of land.

s 46: Subst 1970 No 23, sec 11 (a). Am 1979 No 164, Sch 12 (1); 1987 No 243, Sch 1 (7); 2005 No 68, Sch 1 [5]; 2021 No 10, Sch 1.2[5].