Land Title Act 1994

A plan of subdivision may provide for the dedication of land to any of the following uses (each a public use)—

a road;

a non-tidal watercourse;

a lake;

a purpose mentioned in the Land Act 1994, section 31(1).

The dedication of a lot to public use in a plan of subdivision must be of the registered proprietor’s whole interest in the lot.

On registration of the plan, without anything further—

if the dedication is for a road—the road is opened for the Land Act 1994; or

if the dedication is for a non-tidal watercourse or a lake—the plan is taken to be the source material for the land for the Survey and Mapping Infrastructure Act 2003, section 99; orNote—The Survey and Mapping Infrastructure Act 2003, section 99 defines when a boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary (lake). See the Land Act 1994, section 13A for provisions about the ownership of land on the watercourse side or lake side of one of these boundaries.

if the dedication is of a lot for a purpose mentioned in the Land Act 1994, section 31(1) and the Minister administering that Act consents to the plan—the lot is dedicated as a reserve for the purpose.

Subsection (5) applies to an easement over a lot if—

the easement is an easement for providing access or a right of way, including a public thoroughfare easement; and

the lot or a part of the lot is dedicated for a road under subsection (3).

The easement is extinguished to the extent it is over the lot or the part of the lot dedicated for the road.