Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (2) or (3), a memorandum of an easement affecting land under the
operation of this Act that has been created by a plan, diagram or instrument
shall be entered on the certificate of title for each dominant and servient
tenement.
(2) If an easement is
created under Part IVA by notation on a scheme plan as defined in the
Strata Titles Act 1985 section 3(1) or as a short form easement or
restrictive covenant under that Act, it is not necessary for a memorandum of
the easement to be entered on the certificates of title for the dominant and
servient tenements that are also a subject of that plan.
(3) If an easement is
created under Part IVA by notation on a scheme plan for a community titles
scheme under the Community Titles Act 2018 or as a short form easement or
restrictive covenant under that Act, it is not necessary for a memorandum of
the easement to be entered on the certificates of title for the dominant and
servient tenements that are also a subject of that plan.
[Section 65A inserted: No. 81 of 1996 s. 37;
amended: No. 30 of 2018 s. 198; No. 32 of 2018 s. 254.]
[ 66. Deleted: No. 81 of 1996 s. 38.]