South Australian Current Acts South Australian Current Acts (1) The applicant must
provide evidence to the satisfaction of the Registrar-General that—
(a) the
holder of a registered encumbrance over the land to be divided consents to the
application; and
(b)
where deposit of the plan in the Lands Titles Registration Office will affect
the estate or interest of a person in land outside the community
parcel—that person consents to the application; and
(c)
where deposit of the plan in the Lands Titles Registration Office will operate
to vest an estate or interest in land (whether within or outside the
community parcel) in a person—that person consents to the application.
(2) The
Registrar-General may, if he or she thinks fit, dispense with the consent of a
person referred to in subsection (1).
(3) If the deposit of
a plan of community division would result in the extinguishment of an easement
in respect of part of the dominant land, the consent of a person who has or
claims an estate or interest in the servient land is not required (unless the
Registrar-General determines otherwise in a particular case) in relation to
that extinguishment if rights under the easement continue in existence in
respect of some other part of the dominant land.