Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 23

23 Creation of easements

(1) A body corporate may by unanimous resolution—

(a) execute a grant of easement; or

(b) accept a grant of easement; or

(c) surrender a grant of easement; or

(d) accept the surrender of a grant of easement.

(2) Subsection (1) does not authorise a body corporate to accept a grant or execute a surrender of easement relating to common property the subject of a lease accepted or acquired by the body corporate under section 21 (1) that, apart from subsection (1) , it is not entitled to accept or execute as a lessee or, by the terms of the lease, it is prevented from accepting or executing.

(3) A body corporate may, pursuant to a unanimous resolution, consent to the execution or acceptance by a lessor of a grant or surrender of easement relating to common property the subject of a lease accepted or acquired by the body corporate under section 21 (1) .

(4) The body corporate, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the body corporate have consented in writing to the release of those interests in respect of the land comprised in the proposed disposition, shall execute the appropriate instrument and any plan necessary therefor and every instrument shall be valid and effective without execution by any person having an interest in the parcel, and the receipt of the body corporate of any moneys payable to the body corporate under the terms of the instrument shall be a sufficient discharge, and shall exonerate the persons taking under the instrument from any responsibility for the application of the moneys expressed to have been so received.

(5) Every instrument executed pursuant to subsection (4) and lodged for registration with the land registry shall be endorsed with or accompanied by a certificate under the seal of the body corporate that the resolution was duly passed and that all necessary consents were given.

(6) In favour of persons dealing with the body corporate pursuant to this section and in favour of the registrar of titles the certificate shall be conclusive evidence of the matters certified therein.

(7) The registrar of titles shall register the instrument creating or surrendering an easement by recording the particulars thereof in the register in the manner prescribed.