72Notification of easements in Register

72 Notification of easements in Register S. 72(1) amended by No. 18/1989 s. 12(Sch. 1 item 102(a)(b)). (1) A folio of the Register may contain a recording to the effect that the land therein described is subject to or has appurtenant thereto an easement[[5]](#endnote-6). S. 72(2) amended by Nos 9976 s. 11, 18/1989 s. 12(Sch. 1 item 103), 57/1993 s. 19(1). (2) Upon application in an appropriate approved form the Registrar shall on the relevant folio of the Register make a recording of any easement over or upon or appurtenant to any land under this Act which the Registrar is satisfied has been created by compulsory acquisition in accordance with section 36 of the **Subdivision Act 1988** or by any instrument deed or other written document or recognized by an order of any court or award of an arbitrator. S. 72(2A) inserted by No. 53/1988 s. 45(Sch. 2 item 84) (as amended by No. 47/1989 s. 6(4)). (2A) Subsection (2) does not apply to the creation of an easement— (a) which is part of a plan of subdivision or consolidation; or S. 72(2A)(b) amended by Nos 48/1991 s. 51, 57/1993 s. 19(2)(a). (b) if the creation of the easement is authorised by a planning scheme or permit under the **Planning and Environment Act 1987**; S. 72(2A)(c) repealed by No. 57/1993 s. 19(2)(b). S. 72(2B) inserted by No. 85/1998 s. 12. (2B) The Registrar may accept a legal practitioner's certificate as evidence of the creation of an easement over or upon or appurtenant to any land under this Act. S. 72(3) amended by No. 18/1989 s. 12(Sch. 1 item 104). (3) When in any folio of the Register or instrument an easement is referred to or created or reserved by the use of the words "Together with [*or* Reserving] a right of carriage-way over" [*specifying the roads subject to the easement and referring to a map or plan of subdivision*] such words shall have the same effect and shall be construed as if the words contained in the Twelfth Schedule had been inserted in the folio of the Register or instrument. No. 5842 s. 73.