Land Titles Amendment (General Law Easements and Records) Act 1997
An Act to amend the Land Titles Act 1980
[Royal Assent 5 November 1997]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Land Titles Amendment (General Law Easements and Records) Act 1997 .
This Act commences on the day after the day on which it receives the Royal Assent.
In this Act, the Land Titles Act 1980 is referred to as the Principal Act.
4. Section 23 amended (Certain informal dealings may be registered on qualified title)
Section 23 of the Principal Act is amended by omitting "with a qualified title".
5. Section 28 amended (How certain estates and interests dealt with when land brought under this Act)
Section 28 of the Principal Act is amended as follows:(a) by inserting the following subsection before subsection (1) :(1AA) In this section,instrument means any deed, judgment, will, letters of administration or other document or writing affecting or intended to affect land in this State.(b) by omitting from subsection (4) "section –" and substituting "section or is referred to on the folio –";(c) by omitting from subsection (4)(a)(ii) "photographic";(d) by inserting the following subsection after subsection (13) :(14) On recording an estate or interest referred to in subsection (2) , (10) or (12) , it is sufficient compliance with this section if the Recorder refers to an instrument registered under the Registration of Deeds Act 1935 which records that estate or interest, whether it was created in that instrument or in another instrument registered in the Registry of Deeds.
6. Section 40 amended (Estate of registered proprietor indefeasible)
Section 40 of the Principal Act is amended as follows:(a) by inserting the following subparagraph after subparagraph (i) in subsection (3)(e) :(ia) an easement created by deed before the servient tenement became subject to this Act or the repealed Act; and(b) by inserting the following subsection after subsection (3) :(3A) The application of subsection (3)(e)(ia) extends to any land that was brought under this Act or the repealed Act before the commencement of the Land Titles Amendment (General Law Easements and Records) Act 1997 .
7. Section 108 amended (Release and extinguishment of easements and profits à prendre)
Section 108 of the Principal Act is amended by omitting subsections (3) and (4) and substituting the following subsections:(3) Where it is proved to the satisfaction of the Recorder that any easement or profit à prendre has not been used or enjoyed for a period of at least 20 years, that proof is taken to be conclusive that the easement or profit à prendre has been abandoned.(4) This section has effect notwithstanding sections 28(14) , 40(3)(e)(ia) and 151(1)(e) .
8. Section 151 amended (Assurance fund not liable in certain cases)
Section 151 of the Principal Act is amended as follows:(a) by omitting paragraph (d) from subsection (1) and substituting the following paragraphs:(d) occasioned by the inclusion of land with other land in the same folio of the Register through misdescription of boundaries or parcels; or(e) arising from any failure of the Recorder to include an interest in a folio if the interest was not revealed in a search of title relating to the relevant period provided by section 35 of the Conveyancing and Law of Property Act 1884 .(b) by inserting the following subsection after subsection (3) :(4) Notwithstanding paragraph (e) of subsection (1) , the assurance fund is liable for compensation for loss, damage or deprivation arising from any failure of the Recorder to include an interest in a folio if the interest was not revealed in a search of title relating to the relevant period referred to in that paragraph where the land was subject to this Act when the person obtained the interest in the land and where –(a) the interest would not have come to the notice of that person if, at the time he or she acquired that interest, he or she as a prudent purchaser had inspected the land; or(b) at the time compensation is claimed –(i) the interest, if it is an easement, could not be removed by the Recorder on an application by the registered proprietor under section 108 ; or(ii) in any other case, it could not be removed by the appropriate tribunal on an application by the registered proprietor under section 84C of the Conveyancing and Law of Property Act 1884
[Second reading presentation speech made in:
House of Assembly on 30 APRIL 1997
Legislative Council on 14 AUGUST 1997]