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ATTCH 5 - IR Response - Covenants (Anderssen Lawyers) (1)
Attached to the e-mail RAL17/0501 IR Response (email 5).
QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 3 of 8
Title Reference [Title Reference]
1. GRANT OF EASEMENT
1.1 The grantor grants to the grantee full right and liberty for the grantee, its successors in title and the
owners and occupiers and the grantee's authorised users for the time being of the benefited land (in
common with the grantor and the grantees authorised users) at all times to pass and repass along the
burdened land for the purpose.
1.2 The rights granted under this easement are not exclusive to the Grantee.
2. PURPOSE
2.1 The grantee shall use the burdened land for the purpose of:
(a) access purposes connected with the use and enjoyment of the benefited land with or without vehicles;
(b) use the burdened land for construction and maintenance of services including installation of equipment
on and under the surface of the burdened land; and
(c) use the burdened land for installation of a mail box for each of the benefited land.
3. GRANTEE'S RIGHTS
3.1 The grantee may:
(a) use the burdened land at all times by day or night but always only in connection with the grantee's use
of the benefited land;
(b) carry out repairs to the burdened land where the grantor fails to comply with its obligations under
clause 7.1 and recover the cost from the grantor as a liquidated debt; and
(c) use parts of the land of the grantor adjoining the burdened land as may be reasonably necessary in the
exercise of its rights under clause 3.1(b);
(d) full and free right and liberty at all times hereafter to enter upon the easement for the purposes of
removing any obstruction to the access granted over the easement, however, in doing so, shall not
without the Grantor's prior written consent, cause any damage to property of the Grantor or the
Grantor's Authorised Users.
4. GRANTOR'S RIGHTS
4.1 The grantor's rights to the burdened land for purposes not inconsistent with the grantee's rights are preserved.
Where the grantor carries out any works upon the burdened land either in exercise of its right under this clause
or performance of its obligations under clause 7.1, the grantor may temporarily restrict the grantee's rights over
the burdened land but must:
(a) give adequate prior written notice of such restriction to the grantee; and
(b) take all steps reasonably practicable to ensure that the disruption to the grantee's use, occupation and
enjoyment of the benefited land is minimised.
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