Section 90B — Land Transfer Act 1952: Creation and surrender of easements on deposit of plan

90B Creation and surrender of easements on deposit of plan (1) The provisions of this section do not limit other provisions by which easements may be created or surrendered. (2) An easement that could be created or surrendered by transfer under section 90 may be created or surrendered under this section. (3) An easement may be created under this section by specifying— (a) the dominant or servient tenement or both (as the case requires), which must include a reference to the register in the prescribed manner; and (b) the nature and extent of the easement; and (c) the rights and powers that will apply to the easement created under this section by referring without modification to applicable rights and powers— (i) prescribed in regulations made under this Act; or (ii) contained in a memorandum registered under section 155A . (4) The matters set out in subsection (3) may be specified either— (a) in a deposit document specified by the Registrar under section 167A ; or (b) on a plan in a form specified in rules made under the Cadastral Survey Act 2002 . (5) The consent of the following persons is required for the creation or surrender of easements under this section: (a) in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and (b) in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee. (6) Easements are created or surrendered under this section,— (a) if specified in a deposit document, when the plan to which that document relates is deposited under section 167 : (b) if specified on a plan, when that plan is deposited under section 167 . (7) Section 69 of this Act and sections 21 and 30 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 , with any necessary modifications, apply to easements created under this section. Sections 90B to 90F were inserted, 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).