New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 46

Transfers

46 Transfers

(1) Where land under the provisions of this Act is intended to be transferred, or any easement or profit à prendre affecting land under the provisions of this Act is intended to be created, the proprietor shall execute a transfer in the approved form.
(1A) A transfer that creates an easement or a profit à prendre must be--
(a) executed by the registered proprietor of the land burdened and the land benefited, if any, and
(b) accompanied by the written consent of every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the folio of the Register for the land burdened.
(2) This section does not apply to the creation of an easement or profit à prendre that burdens and benefits separate parcels of land if the same person is the proprietor of the separate parcels of land.



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