Land Transfer Regulations 2018 Flashcards
2020
5e. Schedule 5 Land Transfer Regulations 2018 classifies easements by reference to certain
rights. List six of the seven rights referred to in the schedule. (3 marks)
(a) a right to convey water: (½ mark)
(b) a right to drain water: (½ mark)
(c) a right to drain sewage: (½ mark)
(d) a right of way: (½ mark)
(e) a right to convey electricity: (½ mark)
(f) a right to convey telecommunications: (½ mark)
(g) a right to convey gas. (½ mark)
2020
5f. Describe what the terms “benefited land” and “burdened land” means in relation to an
easement, as specified in the Schedule 5 (Interpretation) Land Transfer Regulations 2018.
benefited land, in relation to an easement that benefits land, means the land that takes the
benefit of the easement and that is described by reference to the register in the relevant
easement instrument, transfer instrument, or deposit document (1 mark)
burdened land, in relation to an easement, —
(a) means the land over which the easement is registered and that is described by
reference to the register in the relevant easement instrument, transfer instrument, or
deposit document; and
(b) includes the easement area (1 mark)
2020
5g. A grantee can exercise his or her rights of access to undertake works in respect to an
easement, pursuant to Schedule 5(12) Land Transfer Regulations 2018. What actions must
the grantee observe to access the property and follow when undertaking the required
works? (6)
(2) However, the grantee must first give reasonable notice to the grantor. (½ mark)
(3) The grantee must ensure that as little damage or disturbance as possible is caused to
the burdened land or to the grantor. (½ mark)
(4) The grantee must ensure that all work is performed properly. (½ mark)
(5) The grantee must ensure that all work is completed promptly. (½ mark)
(6) The grantee must immediately make good any damage done to the burdened land by
restoring the surface of the land as nearly as possible to its former condition. (½
mark)
(7) The grantee must compensate the grantor for all damage caused by the work to any
crop (whether ready for harvest or not) or to any buildings, erections, or fences on the
burdened land. (½ mark)
