Land Titles Act 1993 · 2020 Revised Edition · Part 10 · Easements
97A. Power of court to create easements
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The court may, on application by an interested person (called in this section the applicant), make an order creating an easement over registered land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement.
An order under subsection (1) may be made only if the court is satisfied —
that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest;
that the proprietor of the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and
that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the proprietor of the land to be burdened by the easement.
An order made under subsection (1) must specify the nature and terms of the easement and such of the particulars referred to in section 97(3) as are appropriate.
The costs of the proceedings are payable by the applicant, unless the court otherwise orders.
An easement created under this section does not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered in accordance with section 97.
land
“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;
In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;