Victorian Consolidated Legislation

Transport Act 1983 - SECT 9AAB

Easements

9AAB. Easements



(1) If any right to use land or any right in the nature of an easement or
purporting to be an easement is acquired by the Director on behalf of the
Crown, it is deemed for all purposes to be an easement even though there is no
land vested in or held by the Director on behalf of the Crown that is in fact
benefited or capable of being benefited by that right.

(2) If by or under this Act any private right of way or easement is
extinguished or any easement is acquired by the Director on behalf of the
Crown-

   (a)  the Registrar of Titles must make any recordings in the Register that
        are necessary or expedient because of that extinguishment or
        acquisition; and

   (b)  the holder of any relevant certificate of title must deliver it to the
        Registrar of Titles.

(3) Subsection (2) does not apply to an easement acquired compulsorily by the
Director on behalf of the Crown.