Land Titles Act 1980

In this section, plan of subdivision includes – a previously approved plan within the meaning of section 80 of the Local Government (Building and Miscellaneous Provisions) Act 1993; and a plan of subdivision that does not require the approval of the corporation under that Act.

The Recorder may, with the consent of all persons having registered estates or interests in the land shown in a plan of subdivision comprising land which is under this Act or which the Recorder proposes to bring under this Act, make an order setting forth in respect of each lot or other piece of land shown in the plan – the easements and profits à prendre to be appurtenant to the lot or other piece of land or to which it is to be subject; and the benefit or burden of the covenants which are to run with the lot or other piece of land.

Where some but not all the lots or other pieces shown in the plan are to be affected, the Recorder may make an order referred to in subsection (2) with the consent of all persons having registered estates or interests in the lots or other pieces which are to be affected by the order.

The Recorder may, of the Recorder’s own motion or on the application of any person interested, give notice in accordance with subsection (6) that the Recorder proposes to make an order referred to in subsection (2).

Without limiting subsection (4), the Recorder may act as provided in that subsection in any case in which the plan shows the position of drainage easements but where – easements have not been granted to the purchasers of lots; or in the opinion of the Recorder, the easements granted by registered assurances of lots shown in the plan are not in accordance with a reasonable scheme of easements for the subdivision.

The Recorder shall give notice under subsection (4) or (14) – in the case of registered land which it is proposed to affect, to every person appearing by the Register to have an interest in that land; in the case of land not under this Act which it is proposed to affect, to every person whom the Recorder has found by searching the register of deeds to have an interest in the land; and to the council of the municipal area in which the land is situated, which shall be deemed to have an interest in the land affected – and every notice shall include a copy of the proposed order and be accompanied by a plan showing the position of the easements referred to in the proposed order, and shall specify a time (being not less than 14 days from the giving of the notice) within which written objections to the proposed order may be lodged with the Recorder.

After the expiration of the time limited by notice under subsection (6), the Recorder – if written objections have not been lodged with the Recorder, may make an order in terms of the proposed order; or if written objections have been lodged with the Recorder, may either – vary the proposed order in the light of the objections, and give notice of the Recorder’s new proposal in accordance with subsection (6); or give notice to such persons as the Recorder thinks proper that the Recorder will hear any person wishing to support or oppose the proposed order on a day to be specified in the notice, and at the conclusion of that hearing may make an order in terms of the proposed order or differing from it in the light of the objections, giving copies forthwith to all concerned.

The Recorder shall not give effect to an order made under subsection (7)(b)(ii) before the expiration of 30 days from the making of that order, and during that period a person affected by the order may appeal to the Supreme Court which may – stay proceedings on the order wholly or in part; quash or vary the order; or make any order that the Recorder might have made.

Subject to subsection (8) and to any order of the Supreme Court made under that subsection, the Recorder may give effect to an order made under this section by – registering it in the Registry of Deeds if any land affected by the order is not subject to this Act; and recording the order upon the folio of the Register evidencing title to any land affected by the order.

On the completion of the registration or recording in accordance with subsection (9) – the easements specified in the order to be in favour of the Crown or of any public or local authority constituted by or under any Act or appurtenant to a highway vest accordingly without further assurance; the other easements and the profits à prendre and covenants specified in the order come into being and continue as if created by the most effectual instruments made between proper parties, and are not affected by – the unity of seisin of the lands having the burden and benefit of the easement or profit à prendre; identity at any time of the legal owner of a profit à prendre in gross and the registered proprietor of the land burdened by the profit à prendre; or identity of the parties to the covenant – except that during that unity or identity they are in abeyance, and revive by force of this section when that unity or identity is broken or destroyed; any easements or profits à prendre or covenants which are created by an instrument registered before the completion of the registration or recording in accordance with subsection (9) and which are not continued by the order, are destroyed; any subsequent assurance of a block comprised in the plan to which the order relates shall, without any express mention and notwithstanding any contrary expression, assure that land together with and subject to any easements and profits à prendre which by the order exist upon or in favour of that land; any obligation set forth in the order that could be recorded under section 102 shall have effect as if embodied in an appropriate dealing recorded on the folios of the Register comprising the titles of all affected lands; and the Recorder shall amend any folio of the Register affected by the order and shall make the same amendments to the corresponding certificate of title when it is produced to the Recorder for any purpose, or may call in the certificate for amendment.

The Recorder may proceed concurrently under this section and section 142, if in the Recorder’s opinion it is necessary or convenient to do so, notwithstanding that the proceedings under that section may concern a plan which is not a plan of subdivision.

The Recorder may make orders as to the payment of costs of the parties attending a hearing under this section, and those orders shall be filed in the Supreme Court and proceeded upon in the same manner as similar orders of a judge in chambers.

The Recorder may, of the Recorder’s own motion or on the application of any person interested, cancel an order made under this section after it has been registered or recorded and make a fresh order.

Before taking action under subsection (13), the Recorder must give notice of the intention to cancel the order and make a fresh order in accordance with subsection (6).

If a fresh order is made under subsection (13), that fresh order is taken to be an order made under this section.