sec.23-oc.2Creation of easements

### sec.23-oc.2 Creation of easements Subject to subsection (3A) a body corporate may by resolution without dissent— execute a grant of easement which burdens the leasehold estate in the common property; and accept a grant of easement which benefits the leasehold estate in the common property; and surrender a grant of easement which benefits the leasehold estate in the common property; and accept the surrender of a grant of easement which burdens the leasehold estate in the common property. (amended) Subsection (1) does not authorise a body corporate to accept a grant or execute a surrender of easement relating to common property the subject of a lease or sublease accepted or acquired by the body corporate under section 21 (1A) that, apart from subsection (1) , it is not entitled to accept or execute as a lessee or sublessee or, by the terms of the lease or sublease, it is prevented from accepting or executing. (amended) A body corporate may, pursuant to a resolution without dissent, or the lessor, or both of them, may join in or consent to the execution or acceptance of a dealing referred to in subsection (1) relating to a lease or sublease accepted or acquired by the body corporate under section 21 (1A) . (new) A dealing referred to in subsection (1) is not effective unless the lessor has consented in writing to the execution or acceptance of the dealing by the body corporate. (new) A body corporate, pursuant to a resolution without dissent, and the lessor may— execute a grant of easement which burdens the common property; or accept a grant of easement which benefits the common property; or surrender a grant of easement which benefits the common property; or accept the surrender of a grant of easement which burdens the common property. (new) Subsection (3B) does not authorise a body corporate or the lessor— to execute or accept a dealing relating to— common property the subject of a lease accepted or acquired by the body corporate under section 21 (1A) , unless the lessor is the lessor under the lease; or common property the subject of a sublease; or to execute or accept any such dealing contrary to the terms of a lease or sublease concerned or any other agreement entered into by either of them. (new) The body corporate, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the body corporate have consented in writing to the release of those interests in respect of the land comprised in the proposed disposition, shall execute the appropriate instrument and any plan necessary for the release, and every instrument shall be valid and effective without execution by any person having an interest in the parcel, and the receipt of the body corporate of any moneys payable to the body corporate under the terms of the instrument shall be a sufficient discharge, and shall exonerate the persons taking under the instrument from any responsibility for the application of the moneys expressed to have been so received. Every instrument executed under subsection (4) and lodged for registration with the registrar of titles shall be endorsed with or accompanied by a certificate under the seal of the body corporate that the resolution was duly passed and that all necessary consents were given. In favour of persons dealing with the body corporate under this section and in favour of the registrar of titles, the certificate shall be conclusive evidence of the matters certified in the certificate. The registrar of titles shall register the instrument creating or surrendering an easement by recording the particulars in the register in the manner prescribed. (sec.23-oc.2-ssec.1) Subject to subsection (3A) a body corporate may by resolution without dissent— execute a grant of easement which burdens the leasehold estate in the common property; and accept a grant of easement which benefits the leasehold estate in the common property; and surrender a grant of easement which benefits the leasehold estate in the common property; and accept the surrender of a grant of easement which burdens the leasehold estate in the common property. (amended) (sec.23-oc.2-ssec.2) Subsection (1) does not authorise a body corporate to accept a grant or execute a surrender of easement relating to common property the subject of a lease or sublease accepted or acquired by the body corporate under section 21 (1A) that, apart from subsection (1) , it is not entitled to accept or execute as a lessee or sublessee or, by the terms of the lease or sublease, it is prevented from accepting or executing. (amended) (sec.23-oc.2-ssec.3) A body corporate may, pursuant to a resolution without dissent, or the lessor, or both of them, may join in or consent to the execution or acceptance of a dealing referred to in subsection (1) relating to a lease or sublease accepted or acquired by the body corporate under section 21 (1A) . (new) (sec.23-oc.2-ssec.3A) A dealing referred to in subsection (1) is not effective unless the lessor has consented in writing to the execution or acceptance of the dealing by the body corporate. (new) (sec.23-oc.2-ssec.3B) A body corporate, pursuant to a resolution without dissent, and the lessor may— execute a grant of easement which burdens the common property; or accept a grant of easement which benefits the common property; or surrender a grant of easement which benefits the common property; or accept the surrender of a grant of easement which burdens the common property. (new) (sec.23-oc.2-ssec.3C) Subsection (3B) does not authorise a body corporate or the lessor— to execute or accept a dealing relating to— common property the subject of a lease accepted or acquired by the body corporate under section 21 (1A) , unless the lessor is the lessor under the lease; or common property the subject of a sublease; or to execute or accept any such dealing contrary to the terms of a lease or sublease concerned or any other agreement entered into by either of them. (new) (sec.23-oc.2-ssec.4) The body corporate, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the body corporate have consented in writing to the release of those interests in respect of the land comprised in the proposed disposition, shall execute the appropriate instrument and any plan necessary for the release, and every instrument shall be valid and effective without execution by any person having an interest in the parcel, and the receipt of the body corporate of any moneys payable to the body corporate under the terms of the instrument shall be a sufficient discharge, and shall exonerate the persons taking under the instrument from any responsibility for the application of the moneys expressed to have been so received. (sec.23-oc.2-ssec.5) Every instrument executed under subsection (4) and lodged for registration with the registrar of titles shall be endorsed with or accompanied by a certificate under the seal of the body corporate that the resolution was duly passed and that all necessary consents were given. (sec.23-oc.2-ssec.6) In favour of persons dealing with the body corporate under this section and in favour of the registrar of titles, the certificate shall be conclusive evidence of the matters certified in the certificate. (sec.23-oc.2-ssec.7) The registrar of titles shall register the instrument creating or surrendering an easement by recording the particulars in the register in the manner prescribed. - (a) execute a grant of easement which burdens the leasehold estate in the common property; and - (b) accept a grant of easement which benefits the leasehold estate in the common property; and - (c) surrender a grant of easement which benefits the leasehold estate in the common property; and - (d) accept the surrender of a grant of easement which burdens the leasehold estate in the common property. - (a) execute a grant of easement which burdens the common property; or - (b) accept a grant of easement which benefits the common property; or - (c) surrender a grant of easement which benefits the common property; or - (d) accept the surrender of a grant of easement which burdens the common property. - (a) to execute or accept a dealing relating to— (i) common property the subject of a lease accepted or acquired by the body corporate under section 21 (1A) , unless the lessor is the lessor under the lease; or (ii) common property the subject of a sublease; or - (i) common property the subject of a lease accepted or acquired by the body corporate under section 21 (1A) , unless the lessor is the lessor under the lease; or - (ii) common property the subject of a sublease; or - (b) to execute or accept any such dealing contrary to the terms of a lease or sublease concerned or any other agreement entered into by either of them. - (i) common property the subject of a lease accepted or acquired by the body corporate under section 21 (1A) , unless the lessor is the lessor under the lease; or - (ii) common property the subject of a sublease; or