32Recording particular matters relating to common property

32 Recording particular matters relating to common property

32 Recording particular matters relating to common property

(1) The Registrar-General must not record the following in the folio for a lot in a strata scheme—

(a) an easement that burdens the common property in the scheme or benefits the common property or the whole parcel,

(b) an easement acquired by resumption, to the extent that it affects common property,

(c) a restriction on the use of land or a positive covenant that burdens the common property or the whole parcel.

(2) The Registrar-General must record an easement, restriction or positive covenant referred to in subsection (1) in the folio for the common property in the strata scheme.

(3) However, the easement, restriction or positive covenant affects a lot in the strata scheme—

(a) to the extent that it can affect the lot, and

(b) as if it were recorded in the folio for the lot.

(4) The Registrar-General must not record a mortgage, charge, covenant charge or writ in the folio for the common property in a strata scheme.