Western Australian Consolidated Acts

TRANSFER OF LAND ACT 1893 - SECT 65

65 .         Effect of short forms etc. for easements

        (1)         Where a transfer, lease, tree plantation agreement or certificate of title contains the words “together with a right of carriage way over...” or words to that effect and specifies the road or land over which the easement is created by reference to a map on which the road or land is indicated by a symbol then, unless the contrary intention appears, the words of the Ninth Schedule shall be deemed to have effect in relation to the transfer, lease, tree plantation agreement or certificate of title, as the case requires.

        (2)         Where a plan or an instrument referred to in Part IVA contains the words “right of carriage way” in relation to a place indicated on the plan or, in the case of an instrument, on the plan in relation to which the instrument was lodged then, unless the contrary intention appears, the words of the Ninth Schedule applicable to a transfer shall be deemed to have effect in relation to that plan or instrument.

        (3)         Where —

            (a)         a transfer, lease, tree plantation agreement or certificate of title; or

            (b)         a plan or an instrument referred to in Part IVA,

                contains a short form of easement then the words in column 2 of Schedule 9A corresponding to the short form shall be deemed to have effect in relation to that transfer, lease, tree plantation agreement, certificate of title, plan or instrument, unless the contrary intention appears.

        [Section 65 inserted by No. 81 of 1996 s. 37 ⁸ ; amended by No. 56 of 2003 s. 12.]