12Plan must show easements and other rights

12 Plan must show easements and other rights

S. 12(1) amended by No. 47/1989 s. 6(2)(a)(b), substituted by No. 48/1991 s. 10(1).

(1) A plan of subdivision or consolidation must specify—

(a) existing registered easements that burden the land (other than easements over land referred to in subsection (2)(a)(i)(ii) or (iii)), the purpose of the easements and either the land benefited by the easements or, if they were authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour they are created; and

(b) proposed easements (other than easements over land referred to in subsection (2)(a)(i), (ii) or (iii)), the purpose of the easements and either the land which they are to benefit or, if they are authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour they are to be created.

S. 12(1A) inserted by No. 48/1991 s. 10(1).

(1A) A plan of creation, variation or removal of an easement must specify the easement to be created, varied or removed, the purpose of the easement and either the land benefited or to be benefited or, if the creation, variation or removal is authorised by or under an Act other than this Act or the Transfer of Land Act 1958, the public authority, Council, Minister or other person in whose favour the easement is or is to be created.

S. 12(1B) inserted by No. 57/1993 s. 7.

(1B) If land is described in a folio of the Register or in an instrument or plan referred to in that folio as being affected by an easement but that folio, instrument or plan does not do all or any of the following—

(a) describe the purpose of the easement;

(b) specify the land benefited by the easement;

(c) if the easement is created under an Act, specify the person or authority in whose favour it is created—

a plan must be taken to comply with subsection (1)(a) or (1A) (as the case requires) if it specifies the land burdened by the easement and any other information about the purpose or benefit of the easement appearing from that folio, instrument or plan.

S. 12(2) substituted by No. 47/1989 s. 6(2)(c), amended by No. 48/1991 s. 10(2)(a).

(2) Subject to subsection (3), there are implied—

(a) over—

(i) all the land on a plan of subdivision of a building; and

(ii) that part of a subdivision which subdivides a building; and

S. 12(2)(a)(iii) amended by No. 48/1991 s. 10(2)(b), substituted by No. 69/2006 s. 209.