South Australian Current Acts South Australian Current Acts223LH—Consent to plans of division
(1) An application for
division must be endorsed with—
(a)
where it appears from the Register Book that deposit of the plan of division
in the Lands Titles Registration Office will affect the estate or interest of
a person in the land to be divided or in any other land—a certificate
signed by that person certifying that they have consented to the deposit of
the plan; and
(b)
where it appears from the Register Book that a person, apart from the
registered proprietor or a person referred to in paragraph (a) has, or
claims, an estate or interest in the land to be divided—a certificate
signed by that person certifying that they have consented to the deposit of
the plan; and
(c)
where the land to be divided is subject to a statutory encumbrance—a
certificate signed by or on behalf of the holder of the statutory encumbrance
certifying that the holder of the statutory encumbrance has consented to the
deposit of the plan.
(2) Where the deposit
of a plan of division will operate to vest an estate or interest in land in a
person, the application for division must be endorsed with a certificate
signed by the person in whom the estate or interest will be vested certifying
that he or she has consented to the deposit of the plan.
(2a) Where the deposit
of a plan of 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 in relation
to that extinguishment if rights under the easement continue in existence in
respect of some other part of the dominant land.
(3) The
Registrar-General may dispense with the requirement of consent under
subsection (2) in relation to the vesting of an estate in fee simple in a
street, road, thoroughfare, reserve or other similar open space or a
service easement.
(4) A person who has
applied for division of land is not required to sign a certificate under this
section.
(5) The regulations
may provide that in prescribed cases, or cases of a prescribed class, a
certificate is not required under this section unless the Registrar-General
specifically requires such a certificate.
(6) The
Registrar-General may, if he or she thinks fit, dispense with a certificate
required by this section.