Cross easements s181B Conveyancing Act 1919

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A transfer, except for a transfer by way of discharge of mortgage, of coal, of minerals, or of a statutory easement in gross, affecting a title with a 'Note (NB): Cross-easements (s181B) Between Lots ... May Apply', or words to that effect, must be referred to SM99.  The following points must be noted:

  • the transfer does not have to refer to the cross-easements
  • the certificate of title for the adjoining lot is not required
  • a caveat affecting the adjoining land will not prevent registration of the transfer and
  • a standard form of caveat on either tenement will not prevent recording of the cross-easements; the interest claimed must be examined. 

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [140.600].