Section 90 — Land Transfer Act 1952: Transfers and creation of easements, etc, by registered proprietor

90 Transfers and creation of easements, etc, by registered proprietor (1) A transfer instrument may be used for the purpose of registering under this Act— (a) the transfer of any land or estate or interest in land; or (b) the creation or surrender of any easement or profit a prendre . (2) A transfer instrument must include the following information: (a) the estate or interest to be transferred, created, or surrendered, which must include a reference to the register in the prescribed manner; and (b) the person who is to take the interest. (3) A transfer instrument must be executed by— (a) the registered proprietor of the estate or interest; and (b) if an easement or profit a prendre is created or surrendered, or the transfer contains covenants binding on that party, the person who is to take the interest; and (c) if an easement is reserved, the transferee. Sections 90 and 90A were substituted, as from 29 September 1961, by section 3 Land Transfer Amendment Act 1961 (1961 No 9). Sections 90 to 90F were substituted, as from 26 August 2002, by section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). See section 66 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) as to the transitional provisions relating to easements. See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). Subsection (1)(b) was amended, as from 17 May 2005, by section 6(1) Land Transfer Amendment Act 2005 (2005 No 58) by inserting the words “ or surrender ” after the word “ creation ” . Subsection (2)(a) was amended, as from 17 May 2005, by section 6(2) Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “ , created, or surrendered ” for the words “ or created ” . Subsection (3)(b) was amended, as from 17 May 2005, by section 6(3) Land Transfer Amendment Act 2005 (2005 No 58) by inserting the words “ or surrendered, ” after the word “ created ” .