Restrictions and express easements
13 Restrictions and express easements
Without limiting section 12(1) of the Subdivision Act 1988 a plan for the first subdivision may specify proposed easements for a listed purpose.
Without limiting the Subdivision Act 1988 a plan for the first subdivision may specify restrictions for a listed purpose.
If a plan for the first subdivision specifies an easement or restriction referred to in subsection (1) or (2), then despite anything in the Subdivision Act 1988 a plan for a subsequent subdivision of all or any of the project land may also specify that easement or restriction, to the extent that it applies to land in that plan.
An easement or restrictive covenant may be created for a listed purpose over any of the project land or, for the benefit of any of the project land, over land in the adjoining area in accordance with the Transfer of Land Act 1958.
An easement or restrictive covenant created under the Subdivision Act 1988 or the Transfer of Land Act 1958 and that burdens the project land may benefit land in the adjoining area, if the application for the registration of the plan or the instrument creating the easement or restrictive covenant includes the consent of or is executed by the owner of that benefited land.
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