Northern Territory Consolidated Acts

REAL PROPERTY (UNIT TITLES) ACT - SECT 8

(1) If, immediately before the registration of a units plan, a person was the proprietor of a registered interest in:

(a) in the case of a units plan relating to a second or subsequent stage of a condominium development - a unit included as described in section 6; and

(b) in any other case - the parcel,

he shall be deemed to be, on the registration of the units plan, the proprietor of a registered interest in each unit, as if:

(c) on the date on which the memorandum creating the first-mentioned registered interest was executed, the registered proprietor had been the proprietor of all the units and that memorandum had, as the case required, been executed by him accordingly; and

(d) the first-mentioned registered interest had been a registered interest of all the units and not of the parcel or unit, as the case may be.

(2) If, immediately before the registration of a units plan, a person was the registered proprietor of an easement over portion of the parcel, he shall be deemed to be, on the registration of the units plan, the proprietor of an easement over so much of the land comprised in the common property and each unit as was affected by the first-mentioned easement; as if:

(a) on the date on which the memorandum creating the first-mentioned easement was executed, the proprietor or the lessee of the parcel on that date had been the proprietor or the lessee of the common property and the unit or units, as the case may be, and that memorandum had been executed by him accordingly; and

(b) the first-mentioned easement had been an easement over the common property or the unit or units, as the case may be, and not over that portion of the parcel.

(3) If, immediately before the registration of a units plan the registered proprietor of the parcel was, in respect of that parcel, the proprietor of an easement over any other land, upon the registration of the units plan:

(a) each proprietor of a unit shall be the proprietor of that easement in respect of his unit; and

(b) the proprietor of the common property shall be the proprietor of that easement in respect of the common property,

as a dominant tenement, notwithstanding that the units or common property may not be contiguous with the servient tenement.

(4) On and after the registration of a units plan, the memorandum of a registered interest referred to in subsection (1) and the memoranda of easements referred to in subsections (2) and (3) and any instrument or other document relating to the parcel or the lease of the parcel or to that registered interest or easement shall be deemed to be modified in such manner as is necessary to give effect to subsections (1), (2) and (3).

(5) In this section:

(aa) except in subsection (1)(b), parcel includes a unit referred to in subsection (1)(a);

(a) registered proprietor of an easement and proprietor of an easement include a person in whose favour an easement is reserved in the land register; and

(b) a reference to a memorandum creating an easement and the date of its execution includes a reference to the reservation of an easement in the land register, and the date of that reservation.

(6) In this section:

(a) a reference to a unit (other than a reference in subsection (1)) is to be taken to be a reference to a building lot; and

(b) a reference to a units plan (other than a reference in subsection (1)) is to be taken to be a reference to a building development plan.