REAL PROPERTY ACT 1900 - SECT 48
Creation of cross-easements for party walls by plans on application
REAL PROPERTY ACT 1900 - SECT 48
Creation of cross-easements for party walls by plans on application
48 Creation of cross-easements for party walls by plans on application
(1) A plan registered or recorded under Division 3 of Part 23 of the
Conveyancing Act 1919before the commencement of this section creates
cross-easements if--
(a) a boundary of a lot is, in a manner satisfactory to
the Registrar-General, shown in the plan as passing longitudinally through the
whole or any part of a wall, and
(b) the wall is described in the plan as a "party wall", and
(c) the
Registrar-General has recorded in the Register an application to create
cross-easements for support of the wall made in the approved form by each
person having a registered estate or interest in land that will be benefited
or burdened by the cross-easements.
(1A) A plan registered or recorded under
Division 3 of Part 23 of the Conveyancing Act 1919on or after 1 August 1996
creates cross-easements if--
(a) a boundary of a lot is shown in the plan as
passing longitudinally through the whole or any part of a wall, and
(b) the wall is described in the plan as a "proposed party wall", and
(c) the
Registrar-General has recorded in the Register an application to create
cross-easements for support of the wall made in the approved form by each
person having a registered estate or interest in the land that will be
benefited or burdened by the cross-easements.
(2) The benefit of an easement
referred to in subsection (1) or (1A) is appurtenant to each lot shown in the
plan as consisting of or including a portion of the wall.
(3) Each lot shown
in the plan as consisting of or including another portion of the wall is
subject to the burden of the easement.
(4) The easement entitles each person
for the time being having the benefit of the easement to the continued
existence of each portion of the wall--
(a) that is necessary for the support
of so much of the building as is contained within the lot to which the
easement is appurtenant, and
(b) that consists of or is included within
another lot which is subject to the burden of the easement.