New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 45E

45E Grant of possessory application

(1) Subject to section 45F, the Registrar-General may grant a possessory application if the Registrar-General is satisfied that the application--

(a) was authorised by section 45D (1), (2) or (2A),

(b) was not made in breach of section 45D (3) or (4), and

(c) complies with section 45D (5).

(2) Where the Registrar-General intends to grant a possessory application and, pursuant to section 12 (1) (h) or 12 (1A), gives notice of that intention the Registrar-General shall, in the notice, specify a period (being not less than 1 month after the date of the notice) before the expiration of which the application will not be granted.

(3) A possessory application shall be granted by recording the applicant in the Register as the proprietor of an estate or interest in the whole parcel of land the subject of the application, being the estate or interest applied for or such lesser estate or interest as the Registrar-General considers appropriate, free from all estates and interests recorded in the Register that would have been extinguished as referred to in section 45D (1) (b) other than--

(a) interests referred to in subsection (4), and

(b) interests to which the application has been made subject pursuant to section 45D (4).

(4) Where, immediately before the grant of a possessory application--

(a) any easement or profit à prendre was appurtenant to, or covenant benefited, the land the subject of the application or any part thereof or the land the subject of the application was burdened by an easement, profit à prendre or covenant, or

(b) the land the subject of the application or any part thereof, or the registered proprietor of that land, was subject to any condition or other provision (not being an easement or covenant),

the easement, profit à prendre, covenant, condition or other provision continues to have the same force and effect in relation to the estate or interest acquired by the possessory applicant as it would have had if the possessory applicant had acquired that estate or interest by a transfer.

(5) Without affecting the generality of subsection (4), the grant of a possessory application has, for the purposes of sections 51 and 52, the same effect as the registration of a transfer to the applicant.

(6) The Registrar-General may make such recordings in the Register, and take such other action, as the Registrar-General considers necessary or proper as a consequence of the grant of a possessory application.

(7) In this section
"covenant" means a restriction, arising under covenant or otherwise, as to the user of land.