48Creation of cross-easements for party walls by plans on application

#### 48 Creation of cross-easements for party walls by plans on application 48 Creation of cross-easements for party walls by plans on application > > (1) A plan registered or recorded under Division 3 of Part 23 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) before the commencement of this section creates cross-easements if— > > > > > (a) a boundary of a lot is, in a manner satisfactory to the Registrar-General, shown in the plan as passing longitudinally through the whole or any part of a wall, and > > > > > (b) the wall is described in the plan as a “party wall”, and > > > > > (c) the Registrar-General has recorded in the Register an application to create cross-easements for support of the wall made in the approved form by each person having a registered estate or interest in land that will be benefited or burdened by the cross-easements. > > > (1A) A plan registered or recorded under Division 3 of Part 23 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) on or after 1 August 1996 creates cross-easements if— > > > > > (a) a boundary of a lot is shown in the plan as passing longitudinally through the whole or any part of a wall, and > > > > > (b) the wall is described in the plan as a “proposed party wall”, and > > > > > (c) the Registrar-General has recorded in the Register an application to create cross-easements for support of the wall made in the approved form by each person having a registered estate or interest in the land that will be benefited or burdened by the cross-easements. > > > (2) The benefit of an easement referred to in subsection (1) or (1A) is appurtenant to each lot shown in the plan as consisting of or including a portion of the wall. > > > (3) Each lot shown in the plan as consisting of or including another portion of the wall is subject to the burden of the easement. > > > (4) The easement entitles each person for the time being having the benefit of the easement to the continued existence of each portion of the wall— > > > > > (a) that is necessary for the support of so much of the building as is contained within the lot to which the easement is appurtenant, and > > > > > (b) that consists of or is included within another lot which is subject to the burden of the easement. > > **s 48:** Rep 1970 No 23, sec 11 (e). Ins 1995 No 71, Sch 2 \[6\]. Am 1999 No 58, Sch 1 \[6\] \[7\].