TRANSFER OF LAND ACT 1893 - SECT 136E

TRANSFER OF LAND ACT 1893 - SECT 136E

136E .         Consent of certain persons required to creation of easements and restrictive covenants

                An easement or a restrictive covenant cannot be created under this Part unless the proprietor lodges in relation to the plan the written consent to the creation of the easement or restrictive covenant of each person who, immediately before the time referred to in section 136F(1)(a) or (b), as the case requires, either —

            (a)         has a registered interest in any land that would be burdened by the easement or the restrictive covenant; or

            (b)         is a caveator in respect of any land that would be burdened by the easement or the restrictive covenant; or

            (c)         has a registered interest in any land that would be benefited by the easement or the restrictive covenant (whether or not that land is a subject of the plan); or

            (d)         is a caveator in respect of any land that would be benefited by the easement or the restrictive covenant (whether or not that land is a subject of the plan).

        [Section 136E inserted: No. 81 of 1996 s. 81.]