New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 48

Creation of cross-easements for party walls by plans on application

48 Creation of cross-easements for party walls by plans on application

(1) A plan registered or recorded under Division 3 of Part 23 of the Conveyancing Act 1919 before the commencement of this section creates cross-easements if:
(a) a boundary of a lot is, in a manner satisfactory to the Registrar-General, shown in the plan as passing longitudinally through the whole or any part of a wall, and
(b) the wall is described in the plan as a "party wall", and
(c) the Registrar-General has recorded in the Register an application to create cross-easements for support of the wall made in the approved form by each person having a registered estate or interest in land that will be benefited or burdened by the cross-easements.
(1A) A plan registered or recorded under Division 3 of Part 23 of the Conveyancing Act 1919 on or after 1 August 1996 creates cross-easements if:
(a) a boundary of a lot is shown in the plan as passing longitudinally through the whole or any part of a wall, and
(b) the wall is described in the plan as a "proposed party wall", and
(c) the Registrar-General has recorded in the Register an application to create cross-easements for support of the wall made in the approved form by each person having a registered estate or interest in the land that will be benefited or burdened by the cross-easements.
(2) The benefit of an easement referred to in subsection (1) or (1A) is appurtenant to each lot shown in the plan as consisting of or including a portion of the wall.
(3) Each lot shown in the plan as consisting of or including another portion of the wall is subject to the burden of the easement.
(4) The easement entitles each person for the time being having the benefit of the easement to the continued existence of each portion of the wall:
(a) that is necessary for the support of so much of the building as is contained within the lot to which the easement is appurtenant, and
(b) that consists of or is included within another lot which is subject to the burden of the easement.



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