47Recording, variation and release of easements etc

47 Recording, variation and release of easements etc

47 Recording, variation and release of easements etc

(1A) In this section, affecting interest means an easement, profit à prendre or restriction on the use of land.

(1) When an affecting interest that burdens land under the provisions of this Act is created, the Registrar-General is to record particulars of the dealing creating the affecting interest—

(a) in the folio of the Register for the land burdened, and

(b) if the affecting interest is an easement or profit à prendre that benefits land under the provisions of this Act—in the folio of the Register for the land benefited.

(2) An affecting interest may, by a lease, be granted in or over land, other than the demised land, of which the lessor is registered as proprietor under this Act, where it is granted for the purpose of being annexed to or used and enjoyed together with the estate or interest of the lessee under the lease.

(3) An affecting interest may, by a lease, be reserved in or over the demised land for the purpose of being annexed to or used and enjoyed together with other land of which the lessor is registered as proprietor under this Act.

(4) On registration of a lease that grants or reserves an affecting interest, the Registrar-General shall make such recordings in the Register in respect of the affecting interest, as the Registrar-General considers appropriate.

(5) The Registrar-General may record a dealing effecting a disposition of a registered affecting interest in gross by making such recordings in the Register as the Registrar-General considers appropriate.

(5A) The terms or site of a registered affecting interest may be varied by a registered dealing in the approved form, or by such a dealing and a plan illustrating the varied site registered or recorded under Division 3 of Part 23 of the Conveyancing Act 1919.

(5B) The dealing effecting the variation and the plan, if any, must be—

(a) executed by the registered proprietor of the land benefited and the land burdened by the affecting interest, 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.