Victorian Current Acts

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TRANSFER OF LAND ACT 1958 - SECT 98

Easements arising from plan of subdivision

The proprietor of an allotment of land shown on an approved plan of subdivision or a lot shown on a registered plan shall be entitled to the benefit of the following easements which shall be and shall be deemed at all times to have been appurtenant to the allotment or the lot, namely—

S. 98(a) amended by No. 53/1988 s. 45(Sch. 2 item 107).

        (a)     all such easements of way and drainage and for party wall purposes and for the supply of water gas electricity sewerage and telephone and other services to the allotment or the lot on over or under the lands appropriated or set apart for those purposes respectively on the plan of subdivision as may be necessary for the reasonable enjoyment of the allotment or the lot and of any building or part of a building at any time thereon; and

S. 98(b) amended by No. 53/1988 s. 45(Sch. 2 items 107, 108) (as amended by No. 47/1989 s. 22(g)).

        (b)     in the case of the subdivision of a building, all such additional easements of way drainage support and protection and for the supply of water gas electricity sewerage and telephone and other services to the allotment or the lot on or over the other allotments or other lots in the subdivision as may be necessary for the reasonable enjoyment of the allotment or the lot as part of that building or any building at any time situated on the land in the subdivision—

in all respects as if all such easements had been expressly granted.

S. 98A inserted by No. 6646 s. 3.



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