Applying to the Land Titles Office Acquisition of easements by possession and discharge or modification of overriding interests
Department of Natural Resources and Environment Tasmania
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Previous LTO Position on The Meaning of Serious Hardship •
The LTO has in the past taken the view that “financial hardship” or cost is not a determining factor (and will not be considered) where an applicant is trying to satisfy the Recorder that they would suffer serious hardship pursuant to section 138K of the Act.
• Practically the office interpretation and position usually meant that an application would only be granted if the applicant is land locked and there is no other means of access (and no adjoining owners would grant an easement accommodating access for valuable consideration or otherwise) regardless of cost.
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