New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 46A

46A Creation of easements etc over own land by a dealing

(1) An easement, profit à prendre or restriction on the use of land that burdens and benefits separate parcels of land all under the provisions of this Act may be created even though the same person is the proprietor of those separate parcels of land, notwithstanding any rule of law or equity in that behalf.

(2) Any such easement, profit à prendre or restriction on the use of land may be created under this section only by registration in the Register of an instrument that is in the form approved for the purpose by the Registrar-General.

(3) The Registrar-General may refuse to register such an instrument if the Registrar-General is not satisfied that the boundaries of the land concerned, or the site of the easement or the land to which the profit à prendre or restriction applies, are adequately defined.

(4) The Registrar-General may make such recordings in the Register as are necessary to give effect to the easement, profit à prendre or restriction on the use of land.

(5) The instrument creating the easement, profit à prendre or restriction on the use of land must be--

(a) executed by the registered proprietor of the land benefited and the land burdened, 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.

(6) The Registrar-General may refuse to register any such instrument unless it is supported by consents in writing to the registration of the instrument signed by (or by an agent authorised by) such of the following persons as the Registrar-General may determine--

(a) the lessee under any lease, or the judgment creditor under any writ, recorded in the folio of the Register relating to the land to be burdened or benefited by the easement, profit à prendre or restriction,

(b) the caveator under a caveat relating to any estate or interest in that land.

Note--: This section allows an easement, profit à prendre or restriction on the use of land to be created by registration of a dealing under this Act as an alternative to registration of a plan to which section 88B of the Conveyancing Act 1919 applies, if all the land concerned is held under the provisions of this Act by the same person.