Section 168 — Land Transfer Act 1952: Deposit not to operate as dedication of roads

168 Deposit not to operate as dedication of roads (1) The deposit of a plan of subdivision of any land shall not operate as a dedication for public purposes of roads shown on that plan, but a right of way over all such roads shall be appurtenant to every portion of the land in that subdivision, unless expressly excepted, and except to the extent to which the registered proprietor of any estate in fee simple in the land or any part thereof, with the consent of every person having a registered interest in the land or part, has disclaimed such a right of way by instrument in writing duly signed in the presence of a witness and lodged with the Registrar. Upon receipt of any such disclaimer, the Registrar shall record on the relevant plan and on the register copy of the relevant certificate of title that this subsection has ceased to apply to the land therein to the extent specified in the disclaimer. (2) Every instrument in which land is described by reference to a deposited plan shall take effect, according to the intent and meaning thereof, as if the plan was fully set out thereon. Compare: 1915 No 35 s 179 Subsection (1) was amended, as from 7 October 1966, by section 13 Land Transfer Amendment Act 1966 (1966 No 37) by inserting the words “ and except to the extent to which the registered proprietor of any estate in fee simple in the land or any part thereof, with the consent of every person having a registered interest in the land or part, has disclaimed such a right of way by instrument in writing duly signed in the presence of a witness and lodged with the Registrar. Upon receipt of any such disclaimer, the Registrar shall record on the relevant plan and on the register copy of the relevant certificate of title that this subsection has ceased to apply to the land therein to the extent specified in the disclaimer ” .