REAL PROPERTY ACT 1886 - SECT 90C

REAL PROPERTY ACT 1886 - SECT 90C

90C—Easement and servient land may be vested in same person

        (1)         Subject to this section, a person may be the proprietor of an easement and the servient land that is subject to the easement and accordingly a person may grant an easement to himself or herself.

        (2)         Subject to this section, if an easement and the servient land are vested in the same person by transfer or conveyance the easement will not merge with the servient land unless the transfer or conveyance expresses the intention that it should do so.

        (3)         An easement is extinguished by the amalgamation of the dominant and servient land under Part 19AB Division 3.

        (4)         Where the whole or part of the land within the boundaries of an easement is amalgamated with the whole or part of the dominant land by the reconstitution of allotment boundaries upon deposit of a plan of division in the Lands Titles Registration Office, the easement is extinguished insofar as it extended over the amalgamated land.