AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 138L

Requirements for application

(1)  In addition to the requirements of section 138K(1) , an applicant for an easement under this Part must show that –
(a) during the relevant period, the applicant has enjoyed the easement in the relevant land as of right; and
(b) the easement has not been enjoyed by force or secretly; and
(c) during the relevant period, the enjoyment of the easement has not been by virtue of a written or oral agreement made before or during that period unless the applicant can show that the relevant period commenced after any such agreement had terminated; and
(d) during the relevant period, there has been no unity of seisin of the relevant dominant and servient tenements; and
(e) during the relevant period, the owner of the servient tenement knew, or as a reasonable owner of land diligent in the protection of the owner’s interests ought to have known, of the enjoyment of the easement; and
(f) the right for which the easement is claimed is not of a temporary nature; and
(g) the applicant is the holder of an estate in fee simple in the dominant tenement or is under this Act or any other law entitled to such an estate as against the holder of an estate in fee simple in the servient tenement –
and the applicant must produce evidence from at least one disinterested person in support of the easement claimed.
(2)  An application under this Division is, unless the Recorder otherwise directs, to be supported by a plan of survey, with survey notes, of the land in respect of which the easement is claimed certified as correct by a surveyor registered and certificated under the Surveyors Act 2002 .
(3)  The Recorder may –
(a) reject an application under this Division wholly or in part; or
(b) make such requisitions as to the easement claimed, or as to any other matter relating to the application, as the Recorder thinks fit.
(4)  At any time before the making of an order referred to in section 138J , the Recorder may reject the application, wholly or in part, if the applicant has failed within a reasonable time to comply to the Recorder's satisfaction with any requisition made by the Recorder.



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