Property Legislation Amendment Act 2005 (NSW)

An Act to amend the Real Property Act 1900, the Conveyancing Act 1919, the Local Government Act 1993 and Acts relating to strata titles to make miscellaneous provisions concerning real property; and for other purposes.

1Name of Act

This Act is the Property Legislation Amendment Act 2005.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Real Property Act 1900 No 25

The Real Property Act 1900 is amended as set out in Schedule 1.

4–7

(Repealed)

Schedule 1Amendment of Real Property Act 1900

(Section 3)

[1]–[6]

(Repealed)

[7]Section 47 Recording, variation and release of easements etc

Insert before section 47 (1):

(1A)

In this section, affecting interest means an easement, profit à prendre or restriction on the use of land.

[8]Section 47 (1)–(7)

Omit “easement or profit à prendre” wherever occurring (except in section 47 (1) (b) and where lastly occurring in section 47 (5A)).

Insert instead “affecting interest”.

[8A]Section 47 (1) (b)

Omit the paragraph. Insert instead:

(b)

if the affecting interest is an easement or profit à prendre that benefits land under the provisions of this Act—in the folio of the Register for the land benefited.

[9]Section 47 (5A)

Omit the second sentence.

[10]Section 47 (5B) and (5C)

Insert after section 47 (5A):

(5B)

The dealing effecting the variation and the plan (if any) must be executed:

• (a)

  by the registered proprietors of the land burdened, and of any land benefited, by the affecting interest, and

• (b)

  by every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the folio of the Register relating to that land.

(5C)

The Registrar-General may refuse to register any such dealing or plan unless consents in writing to the registration of the dealing or plan signed by (or by an agent authorised by) such of the following persons as the Registrar-General may determine:

• (a)

  the lessee under any lease, or the judgment creditor under any writ, recorded in the folio of the Register relating to that land,

• (b)

  the caveator under a caveat relating to any estate or interest in that land,

are lodged in the office of the Registrar-General.

[11]Section 47 (9)

Insert after section 47 (8):

(9)

Subsection (7) applies only to a restriction on the use of land recorded under this section after the commencement of Schedule 1 [10] to the Property Legislation Amendment Act 2005.

[12]–[14]

(Repealed)

Schedules 2–5

(Repealed)