An easement validly created under the Real Property Act 1900 (NSW) by registration on the dominant tenement's certificate of title is not invalidated by the failure to record it on the servient tenement's title. Such an easement constitutes an 'omitted easement' within s 42(1)(a1), excepting it from the indefeasibility of the registered proprietor's title and enabling the Registrar-General to correct the register under s 12(1)(d). When assessing whether a right over land is capable of constituting an easement, it is relevant to consider both whether the servient owner retains reasonable use of the servient tenement in its entirety and the extent of interference with ownership rights on the part actually affected by the easement; shared car parking rights that leave the servient owner with substantial use (including airspace and subterranean rights) are capable of constituting an easement.
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