Queensland Consolidated Acts

LAND ACT 1994 - SECT 363

363 Registration of easement

(1) A document creating an easement may be registered only if—

(a) a plan of survey designating the easement is also registered; and

(b) it is signed by—

(i) the owner of the land to be burdened; and

(ii) the owner of the land to be benefited by the easement or the public utility provider; and

(c) the chief executive has given written approval to the easement.

(2) A plan of survey is not necessary if the registrar of titles considers it is unnecessary because of exceptional circumstances.

(3) Subsections (1) (b) and (c) do not apply to an easement compulsorily acquired by the State.

(4) In this section, the State is taken to be the owner of unallocated State land and reserves.

(5) In subsection (1) —

"owner of the land" includes a registered owner, trustee of land granted in trust, lessee and licensee.