Land Act 1994

Despite section 291(1)(b), the registrar of titles may otherwise act under section 291 to correct the leasehold land register to include the particulars of an easement (easement particulars) that have been omitted from the register in relation to a lease.

For subsection (1), easement particulars are taken to have been omitted from the leasehold land register in relation to a lease only if—

the easement was in existence when the particulars of the lease were first registered, but the easement particulars have never been recorded in the leasehold land register against the lease; or

the easement particulars have previously been recorded in the leasehold land register, but the current particulars in the leasehold land register about the lease do not include the easement particulars, other than because the easement has been extinguished in relation to the lease; or

the document providing for the easement was lodged for registration but, because of an error of the registrar of titles, has never been registered.

Subsection (2) applies whether or not the lease has at any time been transferred or otherwise dealt with.

In subsection (2)(b)—extinguished includes surrendered.