Where subdivision of land occurs, easements as with any interest for the benefit of the land will be maintained between both new lots created. When amalgamating part of a block of land with another block, the easement will generally remain with the original lot, meaning the easement will not usually extend to the original lot that prior to the subdivision did not enjoy the benefit of such easement.

In Moreton Bay Regional Council v Mekpine Pty Ltd [2016] HCA 7, the High Court has restated the way easements apply to amalgamated blocks and under what circumstances it would be possible to extend an easement to an amalgamated block. The Court held that when amalgamation occurs, generally an easement would not extend to the larger amalgamated block, but rather remain with the original block, unless the sale specifically referenced the transfer or extension of an easement. The Court also held that an easement would only extend if it was required for the good use of the land, noting that the grounds for such extension would be unlikely to occur.

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