Land and Conveyancing Law Reform Act 2021
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Amendment of section 49A of Registration of Title Act 1964 | ||
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5. Section 49A (inserted by section 41 of the Civil Law (Miscellaneous Provisions) Act 2011 ) of the Registration of Title Act 1964 is amended by— | ||
(a) the substitution of the following subsection for subsection (1): | ||
“(1) Where a person claims to be entitled to an easement or profit à prendre by prescription, the person may apply to the Authority and the Authority, if satisfied that there is such an entitlement to the easement or profit à prendre may, subject to subsections (2) and (3), cause it, as may be appropriate, to be— | ||
(a) registered as a burden under section 69(1)(jj), or | ||
(b) entered in the register pursuant to section 82 or, in the case of a profit à prendre in gross, in the register of ownership maintained under section 8(b)(i), | ||
or both.”, | ||
and | ||
(b) the addition of the following subsection: | ||
“(3) Subsection (2) shall not apply to profits à prendre in gross.”. |