Land and Conveyancing Law Reform Act 2021
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Additional provisions relating to acquisition of easements and profits à prendre by prescription | ||
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3.(1) (a) Subject to subsection (2), where a claim to an easement or profit à prendre is made in respect of land which is owned by a State authority, the prescription period under the doctrine of lost modern grant shall be— | ||
(i) any period of 30 years, or | ||
(ii) where the land is foreshore, any period of 60 years, | ||
unless the easement or profit à prendre had been acquired before the land was owned by that State authority or any other State authority. | ||
(b) Subject to subsection (2), where a claim to an easement or profit à prendre is made in respect of land which was foreshore and has ceased to be foreshore but remains in the ownership of the State, the prescription period under the doctrine of lost modern grant shall be— | ||
(i) any period of 60 years, or | ||
(ii) any period of 30 years after the land ceased to be foreshore, | ||
at the election of the person making the claim. | ||
(2) Subsection (1) shall not apply to a claim that falls under section 2 (a). |