New South Wales Repealed Regulations

This legislation has been repealed.

STRATA SCHEMES (FREEHOLD DEVELOPMENT) REGULATION 2012 - REG 22

22 Notations relating to easements, profits à prendre, restrictions on the use of land and positive covenants

(1) A notation referring to an intention to create or release an easement or profit à prendre, or to create a restriction or positive covenant, must not be entered on a plan unless it is intended that it is to be created or released pursuant to section 88B of the Conveyancing Act 1919 .

(2) However, a plan may designate the site of a proposed easement, profit à prendre, restriction or positive covenant that is intended to be created (otherwise than by registration of the plan) by an instrument of grant or reservation, or the proposed varied site of an existing easement or profit à prendre that is intended to be varied by an instrument of variation, if:

(a) the designation of the site of the proposed easement, profit à prendre, restriction or positive covenant, or of the proposed variation of existing easement or profit à prendre, includes the word "proposed" or an abbreviation of that word, and

(b) no other statement of intention to create or vary the easement or profit à prendre, or to create the restriction or positive covenant, is entered elsewhere on the plan.

(3) The designation of the site of a proposed easement, profit à prendre, restriction or positive covenant in accordance with subclause (2) does not, for the purposes of section 88B of the Conveyancing Act 1919 , indicate in the prescribed manner an intention to create an easement.

(4) A notation referring to the proposed varied site of an existing easement or profit à prendre must not be entered on a plan unless it is intended that the easement or profit à prendre is to be varied pursuant to section 47 (5A) of the Real Property Act 1900 .