Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 85

85 Instrument affecting freehold and non-freehold land

(1) If an easement benefits or burdens both freehold and non-freehold land, the easement must be registered in the appropriate registers.

(2) Further dealings affecting the easement must also be registered in the appropriate registers.

(3) If a lot subject to an easement is surrendered to the State to be dealt with under the Land Act 1994 , the easement continues over the resulting unallocated State land only if—

(a) the easement is in favour of a public utility provider; and

(b) the Minister approves continuation of the easement.

(4) If an easement continues over unallocated State land, the continuation must be recorded in the appropriate registers.