Queensland Consolidated Acts
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BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 23
Creation of easements
23 Creation of easements
(1) A body corporate may by unanimous resolution—
(a) execute a grant of
(b) accept a grant of easement;
(c) surrender a grant of easement;
(d) accept the surrender of a grant of easement.
(2) Subsection (1) does not
authorise a body corporate to accept a grant or execute a surrender of
easement relating to common property the subject of a lease accepted or
acquired by the body corporate under section 21 (1) that, apart from
subsection (1) , it is not entitled to accept or execute as a lessee or, by
the terms of the lease, it is prevented from accepting or executing.
body corporate may, pursuant to a unanimous resolution, consent to the
execution or acceptance by a lessor of a grant or surrender of easement
relating to common property the subject of a lease accepted or acquired by the
body corporate under section 21 (1) .
(4) The body corporate, if it is
satisfied that all persons having registered interests in the parcel and all
other persons having interests (other than statutory interests) which have
been notified to the body corporate have consented in writing to the release
of those interests in respect of the land comprised in the proposed
disposition, shall execute the appropriate instrument and any plan necessary
therefor and every instrument shall be valid and effective without execution
by any person having an interest in the parcel, and the receipt of the
body corporate of any moneys payable to the body corporate under the terms of
the instrument shall be a sufficient discharge, and shall exonerate the
persons taking under the instrument from any responsibility for the
application of the moneys expressed to have been so received.
instrument executed pursuant to subsection (4) and lodged for registration
with the land registry shall be endorsed with or accompanied by a certificate
under the seal of the body corporate that the resolution was duly passed and
that all necessary consents were given.
(6) In favour of persons dealing with
the body corporate pursuant to this section and in favour of the
registrar of titles the certificate shall be conclusive evidence of the
matters certified therein.
(7) The registrar of titles shall register the
instrument creating or surrendering an easement by recording the particulars
thereof in the register in the manner prescribed.
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