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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