Title Conditions (S) Act 2003

Question 1

S122

Answer 1

Definitions section

Question 2

S76

Answer 2

(2): servitudes cannot be repugnant with ownership

Question 3

S79 & S80

Answer 3

Only positive servitudes allowed

Question 4

S77

Answer 4

Leading water over an aqueduct is now extended to pipes, cable, wires

Question 5

S19

Answer 5

Servitudes extinguished by confusion (when the two properties merge)

Question 6

S106 & S107

Answer 6

Servitudes extinguished by compulsory purchase

Question 7

Part 9

Answer 7

Servitudes extinguished by lands tribunal

Question 8

S3

Answer 8

Not to be repugnant with ownership or against public policy

Question 9

S4

Answer 9

Registration of real burdens, must be done against both properties

Question 10

S61

Answer 10

After creation burdens cease to have contractual effect

Question 11

S8

Answer 11

Enforcement, both title and interest required

Question 12

S9

Answer 12

Enforcement is against the owner of the property

Question 13

S53

Answer 13

Burdens on related properties under common scheme enforceable by the owners of each of the properties

Question 14

S25-S31

Answer 14

Community burdens

Question 15

S52

Answer 15

Burdens imposed on unrelated properties

Question 16

S56

Answer 16

Facility burdens

Question 17

S13

Answer 17

Aftera burdened property is divided, all the new ones are still burdened

Question 18

S12

Answer 18

If a benefited property is divided, not all automatically benefited

Question 19

S20

Answer 19

Sunset rule, may be dischared by burdened property if more than 100 years old