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In order to register the easement, you will need to make a 'Primary Application' over the affected land, and lodge an instrument pursuant to section 88B of the Conveyancing Act 1919 (NSW).
A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.
How can I remove or modify an easement? Presently, there is no judicial means of removing or modifying easements in Victoria. There are two options: claim of abandonment and s 23 of the Subdivision Act 1988 in combination with the Planning and Environment Act 1987.
The creation of an easement must be in writing and signed by the grantor14. The easement instrument must be registered to create an easement at law15. Section 82(1) of the Land Title Act 1994, says that an easement over a lot may be created only by registering an instrument of easement.
The idea of easements is to create provisions on land titles for a range of public works like drainage, electricity supplies, and water supplies. Easement rights are typically owned by public authorities to allow access, maintenance and construction work for these services.