sec.48Creation of easements

### sec.48 Creation of easements In this section— instrument means an instrument in the approved form. Despite the Land Title Act 1994 or any other Act, the registrar of titles may, for the purposes of this Act, register a plan relating to South Bank public land that— clearly indicates the nature and location of the easements intended to be created on registration of the plan; and is accompanied by an instrument executed by the registered owner of the land to be burdened by the easements. The instrument must— specify the nature of the easements and any terms and conditions attaching to them; and except for easements mentioned in subsection (5) —specify the land to be benefited, and the land to be burdened, by the easements. A lessee of land from a public authority may not create easements by way of a plan and instrument under subsection (2) . Easements may be created under subsection (2) in favour of— the Crown or a public authority to enable the supply of services to the corporation area; and a public authority to enable the public to use and enjoy land in the corporation area; despite the easements not being annexed to or used and enjoyed with any other land. Easements under this section may be limited wholly or partly in height, depth or both. On registration under this section of a plan and instrument, the proposed easements shown on the plan are created, and without any further assurance and by virtue of the registration, are vested in the person entitled to the benefit of the easement. For the purposes of this section, the site of easements— intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground, or that are within or beneath an existing building, may be indicated on a plan by defining the position of the easements; and may be indicated on the plan as being the whole or part of a lot. The instrument under subsection (2) may also nominate the persons (if any) whose consent to a surrender of an easement is required. Subsection (9) does not affect the requirement for the proprietor of the land benefited by an easement to join in a surrender of the easement. On registration of a plan under this section— an easement created by the registration has effect according to the terms and conditions specified in the instrument as if the instrument were a deed under seal; and the nomination in the instrument of a person (if any) whose consent to a surrender of the easement is required, operates to require the consent of the person to a surrender of the easement. Despite the Land Title Act 1994 , any other Act, or any rule of law or equity to the contrary— 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 creating an indefeasible title for land benefited or burdened by an easement created under this section, the registrar of titles must record the easement against the indefeasible title in the way the registrar of titles considers appropriate. An easement created 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. A plan proposing to establish an access easement to a road (as defined in section 41 (1) ) must be approved by the appropriate authority. s 48 ins 1991 No. 67 s 18 amd 1994 No. 11 s 194 sch 2 ; 2021 No. 12 s 148 sch 3 (sec.48-ssec.1) In this section— instrument means an instrument in the approved form. (sec.48-ssec.2) Despite the Land Title Act 1994 or any other Act, the registrar of titles may, for the purposes of this Act, register a plan relating to South Bank public land that— clearly indicates the nature and location of the easements intended to be created on registration of the plan; and is accompanied by an instrument executed by the registered owner of the land to be burdened by the easements. (sec.48-ssec.3) The instrument must— specify the nature of the easements and any terms and conditions attaching to them; and except for easements mentioned in subsection (5) —specify the land to be benefited, and the land to be burdened, by the easements. (sec.48-ssec.4) A lessee of land from a public authority may not create easements by way of a plan and instrument under subsection (2) . (sec.48-ssec.5) Easements may be created under subsection (2) in favour of— the Crown or a public authority to enable the supply of services to the corporation area; and a public authority to enable the public to use and enjoy land in the corporation area; despite the easements not being annexed to or used and enjoyed with any other land. (sec.48-ssec.6) Easements under this section may be limited wholly or partly in height, depth or both. (sec.48-ssec.7) On registration under this section of a plan and instrument, the proposed easements shown on the plan are created, and without any further assurance and by virtue of the registration, are vested in the person entitled to the benefit of the easement. (sec.48-ssec.8) For the purposes of this section, the site of easements— intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground, or that are within or beneath an existing building, may be indicated on a plan by defining the position of the easements; and may be indicated on the plan as being the whole or part of a lot. (sec.48-ssec.9) The instrument under subsection (2) may also nominate the persons (if any) whose consent to a surrender of an easement is required. (sec.48-ssec.10) Subsection (9) does not affect the requirement for the proprietor of the land benefited by an easement to join in a surrender of the easement. (sec.48-ssec.11) On registration of a plan under this section— an easement created by the registration has effect according to the terms and conditions specified in the instrument as if the instrument were a deed under seal; and the nomination in the instrument of a person (if any) 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.48-ssec.12) Despite the Land Title Act 1994 , any other Act, or any rule of law or equity to the contrary— 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.48-ssec.13) In creating an indefeasible title for land benefited or burdened by an easement created under this section, the registrar of titles must record the easement against the indefeasible title in the way the registrar of titles considers appropriate. (sec.48-ssec.14) An easement created 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.48-ssec.15) A plan proposing to establish an access easement to a road (as defined in section 41 (1) ) must be approved by the appropriate authority. - (a) clearly indicates the nature and location of the easements intended to be created on registration of the plan; and - (b) is accompanied by an instrument executed by the registered owner of the land to be burdened by the easements. - (a) specify the nature of the easements and any terms and conditions attaching to them; and - (b) except for easements mentioned in subsection (5) —specify the land to be benefited, and the land to be burdened, by the easements. - (a) the Crown or a public authority to enable the supply of services to the corporation area; and - (b) a public authority to enable the public to use and enjoy land in the corporation area; - (a) intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground, or that are within or beneath an existing building, may be indicated on a plan by defining the position of the easements; and - (b) may be indicated on the plan as being the whole or part of a lot. - (a) an easement created by the registration has effect according to the terms and conditions specified in the instrument as if the instrument were a deed under seal; and - (b) the nomination in the instrument of a person (if any) whose consent to a surrender of the easement is required, operates to require the consent of the person to a surrender of the easement. - (a) an easement may be created under this section; and - (b) the rights and obligations in the instrument creating the easement are enforceable;