Section 90E — Land Transfer Act 1952: General provisions relating to easements

90E General provisions relating to easements (1) Despite any rule of law or equity to the contrary, an easement may be created under any of sections 90 , 90A , or 90B , or varied under section 90C , even though the same person is the registered proprietor of both the dominant and servient tenements or is both the grantor and grantee. (2) When easements are created under any of sections 90 , 90A , or 90B ,— (a) the registered proprietor of the servient tenement is the grantor: (b) the registered proprietor of the dominant tenement is the grantee: (c) in the case of Crown land, the registered proprietor is Her Majesty the Queen: (d) if the land is land of the Crown for which there is no certificate of title or computer register, the Registrar must constitute a separate folium of the register or computer register for the easement or easements. (3) Consent is needed as follows: (a) the creation of an easement under any of sections 90 , 90A , or 90B , or the variation of an easement under section 90C , needs consent by any mortgagee of the land that is to become the servient tenement: (b) the variation of an easement under section 90C needs consent by any mortgagee of the easement or dominant tenement: (c) the surrender of an easement under any of sections 90 , 90A , or 90B needs consent by any mortgagee of the easement or dominant tenement. (4) If a mortgagee gives a consent under subsection (3) , the mortgagee and all persons who subsequently derive any interest from the mortgagee are bound by the easement or profit a prendre , variation, or surrender. (5) Sections 90 , 90A , 90B , 90C , and 90D , and subsections (1) to (4) , apply as if— (a) easement includes a profit a prendre ; and (b) rights and powers includes terms, covenants, and conditions. Sections 90B to 90F were inserted, as from 29 September 1961, by section 3 Land Transfer Amendment Act 1961 (1961 No 9). Subsection (1) proviso was amended, as from 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65) by substituting the words “ Director-General of Lands ” for the words “ Commissioner of Crown Lands for the land district in which the land is situated ” . 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) was amended, as from 17 May 2005, by section 7(1) Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “ created under any of sections 90, 90A, or 90B, or varied under section 90C, ” for the words “ created or varied under any of sections 90A, 90B, or 90C ” . Subsection (2) was amended, as from 17 May 2005, by section 7(2) Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “ any of sections 90, 90A, or 90B ” for the expression “ section 90A or section 90B ” . Subsection (3)(a) was amended, as from 17 May 2005, by section 7(3)(a) Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “ the creation of an easement under any of sections 90, 90A, or 90B, or the variation of an easement under section 90C, ” for the words “ the creation or variation of an easement under any of sections 90A, 90B, or 90C ” . Subsection (3)(c) was amended, as from 17 May 2005, by section 7(3)(b) Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “ any of sections 90, 90A, or 90B ” for the expression “ section 90A or section 90B ” . Subsection (5) was amended, as from 17 May 2005, by section 7(4) Land Transfer Amendment Act 2005 (2005 No 58) by inserting the expression “ 90, ” after the word “ Sections ” .