5.48
CurrentConsent of holders generally required for creation or release of easement
5.48 Consent of holders generally required for creation or release of easement
(1)
When granting or releasing an easement over land under this Division, the Minister must be satisfied that—
(a)
for the grant of an easement—the holder (if any) for the time being of the land has consented to the creation of the easement, or
(b)
for the release of an easement—the holder (if any) for the time being of the land having the benefit of the easement has consented to the release of the easement.
(2)
A failure to comply with subsection (1) does not affect the validity of any easement or release.
(3)
This section does not apply to easements granted under section 5.49.
This Act’s bill:Explanatory memorandumSecond reading speech
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