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COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 35
Creation, release and variation of easements or restrictions
35 Creation, release and variation of easements or restrictions
(1) If authorised by a unanimous resolution, a community association may-- (a)
execute a dealing creating an easement which burdens its community property or
a restriction on the use of land or a positive covenant which burdens its
community property or the whole of the community parcel, or
(b) accept a
dealing creating an easement which, or a restriction on the use of land or a
positive covenant which, benefits its community property or the whole of the
community parcel, or
(c) execute a dealing releasing or varying an easement
(other than the statutory easement under section 36) which, or a restriction
on the use of land or a positive covenant which, benefits its
community property or the whole of the community parcel, or
(d) accept a
dealing releasing or varying an easement (other than the statutory easement
under section 36) which, or a restriction on the use of land or a positive
covenant which, burdens its community property or the whole of the
community parcel.
(2) A precinct association has, in relation to its
precinct property and the precinct parcel, and a neighbourhood association
has, in relation to its neighbourhood property and the neighbourhood parcel,
the same powers as are conferred by subsection (1) on a community association
in relation to its community property and the community parcel.
(3) The
Registrar-General may refuse to register a dealing under this section unless--
(a) the dealing is made subject to any interest (other than an interest of the
association or the proprietors of development lots and neighbourhood lots)
that is recorded in the Register as affecting the land and has not been
released, and
(b) Schedule 10 is complied with.
(4) A certificate under
clause 2 of Schedule 10 is, in favour of-- (a) the Registrar-General, and
(b)
a person taking under the dealing to which it refers,
conclusive evidence of
the facts certified.
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