Real Property Act 1886

Subject to this section, the Registrar-General may on application (in a form approved by the Registrar-General) by the proprietor of the dominant or servient land or on the Registrar-General's own initiative—

vary the position of, or extend or reduce the extent of, an easement over servient land; or

vary an easement by extending the appurtenance of the easement to other land owned by the proprietor of the dominant land; or

extinguish an easement.

Subject to this section, the Registrar-General must not act under subsection (1) except on the application, or with the written consent, of the proprietor of the dominant land and the servient land and with the written consent of all other persons who—

in the case of land under the provisions of this Act—appear from the

in the case of land that is not under the provisions of this Act—are known to the Registrar‑General (or who become known to the

The

notice complying with subsection (3e) has been given to the proprietor; and

28 days has passed since the notice was given; and

the proprietor's estate or interest in the dominant or servient land will not be detrimentally affected by the proposed variation or extinguishment of the easement.

The

Without limiting the generality of subsection (3) or (3a), where—

the original purpose of a right-of-way was to provide access to the dominant land to which it is appurtenant; and

the right-of-way can no longer be exercised by the proprietor of that land for that purpose because the land has subsequently been separated from the right‑of‑way by the creation of intervening allotments, the

Without limiting the generality of subsection (3) or (3a), where dominant land is separated from a right-of-way appurtenant to the land by intervening land and the Registrar-General is satisfied that the continued existence of the right-of-way would not enhance the use or enjoyment of the dominant land, he or she may extinguish the right-of-way without the consent of a person required by subsection (2).

Before taking action under subsection (3b) or (3c) the

notice complying with subsection (3e) has been given to the proprietor of the dominant land; and

28 days has passed since the notice was given.

The notice referred to in subsections (3) and (3d) must—

be approved by the Registrar-General; and

include details of the proposed variation or extinguishment of the easement;

invite the person to whom it is given to make representations to the

The

—

in the opinion of the Registrar-General it is not reasonably practicable to ascertain the identity or whereabouts of that person; and

the

the

where the person's identity is known—the Registrar-General has sent notice of his or her intention to act under subsection (1) by post addressed to the person at his or her last address known to the Registrar-General; and

at least 21 days has elapsed since—

notice was published under paragraph (b);

where paragraph (c) applies, notice was posted under that paragraph.

Subject to subsection (7), the proprietor of dominant land cannot transfer or convey the land without the easement that is appurtenant to it.

The proprietor of dominant land or of some part of it may transfer or convey part of the land without the appurtenant easement if rights under the easement continue in existence in respect of some other

The easement is extinguished in respect of land transferred or conveyed under subsection (7).

Where, in the opinion of the Registrar-General, the creation or continuance of an easement was, or was likely to have been, a requirement on which—

the issue of a certificate by the State Planning Commission under section 138 of the Planning,

the issue of a certificate by the Development Assessment Commission under section 51 of the Development

the issue of a certificate by a council or the South Australian Planning

the approval of an application for the deposit of a strata plan by the

the consent or approval of an authority under a corresponding previous enactment, was based—

the easement cannot be varied or extinguished under this section; and

the appurtenance of the easement cannot be extended to other land under this section; and

the easement cannot be merged with the servient land by transfer or conveyance of the easement to the proprietor of the servient land or the transfer or conveyance of the servient land to the proprietor of the easement; and

part of the dominant land cannot be transferred or conveyed separately from the easement thereby extinguishing the easement in respect of that land, without the consent of the Development Assessment Commission.

Upon the variation or extinguishment of an easement under this section the

A reference in this section to dominant land includes a reference to an easement that is not appurtenant to any land.

This section is subject to and does not derogate from any other Act relating to the variation or extinguishment of easements of a particular class.