South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 56

56—Merging of land on amendment of plan

Subject to any provision to the contrary in an application for the amendment of a deposited community plan, the following provisions apply where one or more pieces of land are merged upon the amendment of the plan—

            (a)         subject to paragraph (b), if one of the pieces of land is subject to a registered encumbrance (other than a life estate, a lease or an easement) the whole of the land formed by the merger is subject to the encumbrance;

            (b)         if an encumbrance (other than an easement or statutory encumbrance) is registered over a lot, or part of a lot, that is merged with land that remains common property after, or becomes common property upon, the amendment of the community plan, the encumbrance is discharged in respect of that lot or part lot;

            (c)         if one, but not all, of the pieces of land is subject to a life estate or a lease, the life estate or lease is discharged by the merger in so far as it affects that piece of land.