(1) In subsection (2)
—
encumbrance means an encumbrance (as defined in
section 4(1)) that is shown on the transfer or other document by which the
transfer of Crown land in fee simple is effected.
(2) If —
(a) the
fee simple in Crown land in respect of which an encumbrance is registered is
transferred under the Land Administration Act 1997 ; and
(b) a
certificate of title is created and registered in respect of the fee simple of
that former Crown land,
the encumbrance is by
operation of this subsection transferred to and applies to the fee simple when
transferred in all respects as if the fee simple had been referred to in the
encumbrance until that encumbrance is terminated, withdrawn, discharged,
surrendered or expires.
(3) This section does
not apply to an encumbrance referred to in section 81Q or 81R.
(4) This section
applies to a transfer effected on or after the coming into operation of the
Land Administration Act 1997 .
[Section 81RA inserted: No. 59 of 2000 s. 51.]