Victorian Consolidated Legislation

Land Act 1958 - SECT 339B

Easements ancillary to alienation in strata

339B. Easements ancillary to alienation in strata



(1) This section is in addition to and does not take away from sections 134A
and 339A.

(2) The Minister may in accordance with this section create easements over
Crown land to enable access to a stratum of Crown land or support of that land
or a building or structure erected or to be erected on it or for the passage
or provision of services to the stratum.

(3) The easement is created on the Minister lodging at the Central Plan Office
a plan showing the lands benefited and burdened by the easement and its
purpose.

(4) The easement must be taken to be capable of benefiting land even though
the stratum to be benefited may not have been brought into existence at the
date of creation of the easement.

(5) A Crown grant of land burdened by an easement created under this section
must be subject to that easement.

(6) If a Crown grant has not been issued for land burdened by an easement
created under this section, the Minister may extinguish an easement created
under this section if-

   (a)  the registered proprietor of the land benefited by the easement so
        requests; or

   (b)  no Crown grant has been issued and no lease is in force for the
        stratum of Crown land benefited by the easement and the Minister
        considers that it is no longer appropriate to alienate the land in the
        strata.

(7) An easement created under this section may also be extinguished in any way
in which other easements may be extinguished.

(8) On being requested to do so by the Minister or the registered proprietor
of the land concerned and on production of any relevant instrument or document
the Registrar of Titles must make-

   (a)  an appropriate recording on any relevant folio of the Register under
        the Transfer of Land Act 1958 that any land in the folio is benefited
        by an easement created under this section; or

   (b)  any amendments to that Register that are necessary because of the
        extinguishment of an easement so created.

(9) Despite subsection (8) it is not necessary to produce a certificate of
title for each relevant folio of the register referred to in that subsection.