The doctrine of lost modern grant cannot be invoked to create an entitlement to an easement by virtue of user of the servient tenement after the land has come under the Real Property Act 1900 (NSW), even where there has been no change in registered proprietor during the period of user. Section 42(1)(a1) of the Real Property Act does not extend to easements by prescription. Section 178 of the Conveyancing Act 1919 bars claims for both public and private rights of way against the Crown and statutory bodies representing the Crown. Tender conditions that expressly reserve broad discretions to the vendor will preclude the implication of terms requiring fair dealing or equal opportunity in the tender process.
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