Where a vendor of Torrens title land contractually promises to grant an easement but the easement is never recorded on the certificate of title for the servient land, the contractual obligation does not merge upon registration of the transfer of the dominant land, and the purchaser retains an equitable easement enforceable against successors in title with notice. Section 40(3)(e)(ia) of the Land Titles Act 1980 (Tas) is confined to easements literally created by deed over general law land before conversion to Torrens title, and does not extend to easements created by registered memoranda of transfer under the 1862 Act.
The full text is available to signed-in members.