Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 83

83 Registration of easement

(1) An instrument of easement may be registered only if—

(a) for an easement, other than a high-density development easement, over a part of a lot—a plan of survey designating the easement is registered; and

(b) it is signed by—

(i) the registered owner of the lot or lessee of the registered lease to be burdened; and

(ii) if the easement benefits another lot—the registered owner of the lot; and

(iii) if the easement benefits a registered lease—the lessee; and

(iv) if the easement benefits non-freehold land—the lessee or other person entitled to the land; and

(v) if the easement is a public utility easement—the public utility provider.

(2) If, under the Planning Act , the creation of an easement giving access to a lot from a constructed road is the reconfiguring of a lot, the plan of survey must be approved by—

(a) if the lot is in a priority development area—MEDQ; or

(aa) if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or

(b) otherwise—the relevant local government.

(3) However, subsection (2) (a) applies to a plan of survey only if it is a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) .

(4) Also, subsection (2) (b) applies to a plan of survey only if it is a plan for which a process for approving the plan is provided under the Planning Act .