84CDischarge or modification of overriding interests

84C Discharge or modification of overriding interests

[Section 84C Inserted by No. 3 of 1978, s. 3 ]

(1)  On the application of a person having an interest in land subject to an overriding interest (not being an overriding interest having effect by virtue of a plan of subdivision) the appropriate tribunal may, by order, extinguish or modify the interest if it is satisfied –

(a) that, by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which it may deem material, the interest has become obsolete;

(b) that the continued existence of the interest would impede a user of the land in accordance with an interim order or planning scheme, or, as the case may be, would, unless modified, so impede such a user;

(c) that the continued existence of the interest would impede some reasonable user of the land for public or private purposes, not being a user referred to in paragraph (b) , or, as the case may be, would, unless modified, so impede such a user;

(d) that the persons of full age and capacity for the time being or from time to time entitled to the benefit of the interest have agreed, either expressly or by implication, to the extinguishment or modification of the interest; or

(e) that the proposed extinguishment or modification will not injure the persons entitled to the benefit of the interest.

(1A)  [Section 84C Subsection (1A) inserted by No. 16 of 1998, s. 6, Applied:05 Jun 1998] In the case of a parking easement, the appropriate tribunal may, by order, extinguish or modify the easement on any of the following grounds (which are in addition to those set out in subsection (1) ):

(a) the servient tenement has been destroyed or has been rendered incapable of being used for the purposes of the easement;

(b) the dominant tenement has been destroyed or has been rendered incapable of taking advantage of the parking easement;

(c) the easement was created for a particular purpose that no longer exists;

(d) the easement has expired or terminated, or has been terminated, under the conditions of the easement or under this Act.