Section 90D — Land Transfer Act 1952: Rights and powers implied in certain easements

90D Rights and powers implied in certain easements (1) Regulations made under this Act may specify, for the purposes of this section,— (a) different classes of easements; and (b) the rights and powers that are to be implied in them. (2) Subject to subsection (3) , when an easement of a class specified in the regulations is registered, the grantee must be regarded as having the implied rights and powers (as specified for that class of instrument by the regulations). (3) An instrument creating an easement may alter the rights and powers implied under subsection (1) by— (a) varying any implied rights and powers: (b) negativing any implied rights and powers: (c) providing additional rights and powers: (d) substituting rights and powers for any implied rights and powers. (4) Subsection (3) does not apply to easements created under section 90B . (5) The rights and powers that apply by virtue of this section become binding on the grantor and the grantee on the registration of the easement. (6) The provisions of this section are in addition to, and not in derogation, of the provisions of sections 26(4) , 27(3) , and 28(3) of the Housing Act 1955 . 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).