Registration of right of access
236 Registration of right of access
S. 236(1) substituted by No. 85/1998 s. 24(Sch item 66.6).
An agreement under section 234, or a decision under section 235, by virtue of which a right of access is created over, or in favour of, land has no effect until it is recorded in the Register under the Transfer of Land Act 1958.
An agreement or a decision referred to in subsection (1) is binding on the successors in title of the parties on registration under the Transfer of Land Act 1958.
S. 236(3)(4) repealed by No. 85/1998 s. 24(Sch item 66.7).
* * * * *
S. 236(5) amended by Nos 62/1995 s. 34(1), 85/1998 s. 24(Sch item 66.8).
The owner of the land in favour of which the right of access is created must lodge the agreement or decision for registration within one month after the agreement or decision is made.
S. 236(6) amended by No. 85/1998 s. 24(Sch item 66.8).
If the person referred to in subsection (5) does not comply with that subsection, the owner of the land over which the right of access is created may register the agreement or decision and recover the reasonable costs of doing so from that person.
S. 236(7) inserted by No. 50/1992 s. 8(1).
If requested to do so by a party referred to in section 237(1), the Registrar of Titles must, in registering the agreement or decision, do both or either of the following—
dispense with the submission of any certificate of title or other document;
register the agreement or decision by recordings in the relevant folio of the Register only.
S. 236(8) inserted by No. 85/1998 s. 24(Sch item 66.9).
The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of an agreement or decision registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before that commencement.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.