Section 88AA — Conveyancing Act 1919 (NSW)

(1) Except to the extent to which this Division otherwise provides, a profit à prendre expressed to be created by an instrument coming into operation after the commencement of the Conveyancing (Forestry Rights) Amendment Act 1987 shall not be enforceable against a person interested in land claimed to be subject to the profit à prendre (other than a person who is a party to the instrument) unless the instrument indicates—
(a) the land which is subject to the burden of the profit à prendre, and
(b) in the case of a profit à prendre that is expressed to benefit land—the land to which the benefit of the profit à prendre is appurtenant.
(2) This section shall not prevent the enforcement, by a person entitled to a reversion, remainder or other estate or interest in any land, of any agreement against a person entitled to the estate or interest on which the reversion, remainder or other estate or interest is expectant.

Related sections

• s 87 — Cases in which covenants or powers in secs 84 and 85 not implied
• s 87A — Definitions
• s 88 — Requirements for easements and restrictions on use of land
• s 88AB — Forestry rights to be deemed to be profits à prendre
• s 88AC — Other easements and restrictions appurtenant to easements
• s 88A — Easements in gross

Research how courts apply s 88AA

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.