110Rectification of easements, &c., in old subdivisions

110 Rectification of easements, &c., in old subdivisions

(1)  *[Section 110 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this section, plan of subdivision includes –

(a) a previously approved plan within the meaning of section 80 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; and

(b) a plan of subdivision that does not require the approval of the corporation under that Act.

(2)  [Section 110 Subsection (2) amended by No. 23 of 2021, s. 92, Applied:01 Jan 2022] The Recorder may, with the consent of all persons having registered estates or interests in the land shown in a plan of subdivision comprising land which is under this Act or which the Recorder proposes to bring under this Act, make an order setting forth in respect of each lot or other piece of land shown in the plan –

(a) the easements and profits à prendre to be appurtenant to the lot or other piece of land or to which it is to be subject; and

(b) the benefit or burden of the covenants which are to run with the lot or other piece of land.

(3)  Where some but not all the lots or other pieces shown in the plan are to be affected, the Recorder may make an order referred to in subsection (2) with the consent of all persons having registered estates or interests in the lots or other pieces which are to be affected by the order.

(4)  [Section 110 Subsection (4) amended by No. 23 of 2021, s. 92, Applied:01 Jan 2022] [Section 110 Subsection (4) amended by No. 23 of 2021, s. 92, Applied:01 Jan 2022] The Recorder may, of the Recorder’s own motion or on the application of any person interested, give notice in accordance with subsection (6) that the Recorder proposes to make an order referred to in subsection (2) .

(5)  Without limiting , the Recorder may act as provided in that subsection in any case in which the plan shows the position of drainage easements but where –