TRANSFER OF LAND ACT 1958 - SECT 88B Mortgagee or annuitant may apply for removal, or removal of a variation, of easement or restrictive covenant if no consent
TRANSFER OF LAND ACT 1958 - SECT 88B
Mortgagee or annuitant may apply for removal, or removal of a variation, of easement or restrictive covenant if no consent(1) A mortgagee or annuitant may apply to the Registrar for the removal of an easement or restrictive covenant or the removal of a variation of an easement or restrictive covenant if—
(a) section 77 applies; and
(b) the written consent of the mortgagee or annuitant was not obtained before the registration or recording of—
(i) the easement or restrictive covenant; or
(ii) the variation of the easement or restrictive covenant.
(2) An application under subsection (1) must be in the approved form.
(3) If an application is made under subsection (1), the Registrar must serve on a person benefited by the easement or restrictive covenant, or the variation of the easement or restrictive covenant, notice—
(a) of the application of the mortgagee or annuitant; and
(b) requiring the person to produce evidence, by a day specified in the notice that is not less than 30 days after service of the notice, of the written consent of the mortgagee or annuitant to—
(i) the easement or restrictive covenant; or
(ii) the variation of the easement or restrictive covenant.
(4) The Registrar may grant and process an application made under subsection (1) if—
(a) no evidence is produced as required by the notice in subsection (3) within the time specified in that subsection; or
(b) the evidence produced by the person served with a notice under subsection (3) does not prove to the satisfaction of the Registrar that the mortgagee or annuitant provided written consent to—
(i) the easement or restrictive covenant; or
(ii) the
variation of the easement or restrictive covenant.
Part V—Incidental provisions
Division 1—Caveats against dealings
No. 5842 s. 89.