109Effect of unity of seisin on registered easements, &c.

109 Effect of unity of seisin on registered easements, &c.

(1)  Registered easements and profits à prendre over or for the benefit of registered land are not affected by –

(a) unity of seisin of that land and of other land appearing from the Register to have the benefit or burden of the easement or profit à prendre; or

(b) identity at any time of the legal owner of a profit à prendre in gross and the registered proprietor of the land burdened by the profit à prendre –

unless the easements or profits à prendre are expunged from the Register as provided in subsection (2) .

(2)  [Section 109 Subsection (2) amended by No. 23 of 2021, s. 91, Applied:01 Jan 2022] On the application of the registered proprietor in whom unity of seisin of the lands benefited and burdened by an easement or profit à prendre is united, or of the person who is both the legal owner of a profit à prendre in gross and the registered proprietor of the land burdened by the profit à prendre, and proof to the Recorder’s satisfaction that the easement or profit à prendre would have been extinguished but for the operation of subsection (1) , the Recorder shall expunge the easement or profit à prendre from the Register.

(3)  *[Section 109 Subsection (3) substituted by No. 30 of 1995, s. 3 and Sched. 1 ]*An easement or profit à prendre comprised in a sealed plan lodged under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 is to be dealt with under Division 5 of that Part .