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Creation of easements and restrictions

Land Titles (Strata) Act 1967

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—(1) This section applies where a management corporation has, in accordance with section 35(1) of the Building Maintenance and Strata Management Act 2004, passed a unanimous resolution to —(a)execute on the behalf of its subsidiary proprietors a grant of easement or a restrictive covenant burdening the parcel;(b)accept on their behalf a grant of easement or a restrictive covenant;(c)surrender on their behalf a grant of easement or a restrictive covenant burdening the parcel; or(d)accept on their behalf a surrender of a grant of easement or a restrictive covenant.(2) The management corporation, if it is satisfied that the resolution was duly passed, and that all persons having registered interests in the parcel have consented in writing to the manner of creating those interests in respect of the registered land comprised in the proposed disposition, must execute the appropriate instrument and that instrument is valid and effective without any execution by any person having an interest in the parcel.(2A) The receipt of the management corporation for any moneys payable to the management corporation under the instrument mentioned in subsection (2), is a sufficient discharge and exonerates the person taking under the instrument from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.(3) Every instrument creating the easement or restrictive covenant lodged for registration must be endorsed with or accompanied by a certificate in the prescribed form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, and the certificate in favour of a purchaser and the Registrar is conclusive evidence of the facts stated therein.(4) The Registrar must register the instrument creating the easement or restrictive covenant by making the appropriate notification on the relevant folio of the land-register.

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