In force2020 Revised Edition

Contents

Land Titles Act 1993 · 2020 Revised Edition · Part 10 · Easements

95. Licences not to be registered

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(1)

The Registrar must not register as an easement any instrument purporting to create an interest —

(a)

of a kind which has not been recognised by law as an easement; or

(b)

which is not expressed to be appurtenant to land (whether registered land or otherwise) of a person other than the proprietor or owner of the site of the easement.

(2)

The Registrar must not notify any licence in the land‑register, but in any case where a licence relating to the use or enjoyment of land is by law binding on assigns of the licensor, the licensee thereunder is deemed to have an interest in the land for the purposes of section 115.

(3)

An inadvertent contravention of this section does not give to any interest a greater operation or effect than the interest would have had without registration or notification.

Terms defined in s 4

instrument
Defined · s 4
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
Open s 4
interest
Defined · s 4
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
Open s 4
land
Defined · s 4
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
Open s 4
land‑register
Defined · s 4
“land‑register” means the land‑register that is maintained under section 28;
Open s 4
proprietor
Defined · s 4
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;
Open s 4
registered land
Defined · s 4
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
Open s 4
Registrar
Defined · s 4
“Registrar” means the Registrar of Titles appointed under section 5;
Open s 4

Report

Read on from s 96

Part 11

Transmissions

Read on from Part 11

Part 12

Caveats

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Part 13

Enforcement Orders and Orders of Court

Read on from Part 13

Part 14

Restrictive Covenants

Read on from Part 14

Part 15

Statutory Acquisition and Sale

Read on from Part 15

Part 16

Powers of Attorney

Read on from Part 16

Part 17

Rights and Remedies

Read on from Part 17

Part 18

Searches and Certified Copies

Read on from Part 18

Part 19

Miscellaneous

Read on from Part 19