MCU14/0106 Appendix M - CT, Survey Plan, Easements and Covenants

 

QUEENSLAND LAND REGISTRY SCHEDULE ENLARGED PANEL / FORM 20 version 2
” Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 5 of 6

and Water Act 2000

iE

9.1.

9.2.

10.

10.1.

10.2.

10.3.

10.4.

11.

11.2.

4

Title Reference 50644776 (new Title to issue)

Tenement and Dominant Tenement respectively shall have no further entitlement and be under no further
liability for any event or occurrence thereto.

Resolution of Disputes

If any dispute or difference arises between the Grantor and the Grantee concerning any matter or thing
relating to the interpretation or operation of any of the provisions of this Easement then the matter shall be
referred for a decision by a solicitor (“the Mediator”) agreed upon by the parties, or failing such agreement,
within seven (7) days of one party requiring the other to so agree, by a nominee of the President for the time
being of the Queensland Law Society Incorporated appointed at the request of either party.

The decision of the Mediator shall be that of an expert and not an arbitrator and shall be final and binding
upon the parties and the costs of the Mediator’s determination will be paid in accordance with the Mediator's
determination.

General

If requested by the other party, each party will promptly produce any Certificate of Title (if any) to the
respective properties to enable registration of this Easement. The consent of any person having an interest
in either the Dominant Tenement or Servient Tenement will be obtained by the party best able to seek the
consent.

Neither party will be released from any liability arising from any antecedent breach under this Easement if
that party ceases to be the registered owner of the whole or any part of the Dominant Tenement or Servient
Tenement.

Unless inconsistent with the subject matter or context:-
(i) the benefit of this Easement will extend to and include the servants, tenants, agents, workmen,
visitors, licensees and other persons claiming through or under the Grantee as if each of those

persons is the Grantee; and

(ii) the burden of this Easement will bind the Grantor's personal representatives, successors and
assigns, and

(iii) where the Dominant Tenement or the Servient Tenement is at any time constituted by several lots in
the ownership of different persons and any costs or expenses is imposed by this Easement upon the
Grantee or Grantor (as the case may be) then such costs or expenses shall be borne by such owners
proportionally to the respective areas of the tenement owned by them.

If requested by the other, the Grantor and Grantee will execute all documents and do all things necessary to
further assure to the Grantee the rights conferred on the Grantee by this Easement.

Notices

Any notice or other communication given by a party in connection with this Easement is deemed to have

been duly given when made in writing and signed by the party or, in the case of a corporation, by an

authorised officer of the part and sent by prepaid post or facsimile:

(i) the last known residential or business address of the other party (in the case of an individual); or

(ii) the registered office or last known business address of the other party (in the case of a corporation).

Any notice or other communication sent by post shall be deemed to have been received at the expiration of
two (2) business days after the date of posting.

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