QLDIn ForceAct
Land Act 1994
sec.368Same person becoming trustee, lessee or licensee of benefited and burdened lands
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### sec.368 Same person becoming trustee, lessee or licensee of benefited and burdened lands
An easement is not extinguished merely because the trustee, lessee or licensee of the land benefited by the easement acquires an interest, or a greater interest, in the land burdened by the easement.
If the same person becomes the trustee, lessee or licensee of the land benefited and the land burdened by an easement, the easement is extinguished only if—
the trustee, lessee or licensee asks the registrar of titles to extinguish the easement; or
the land benefited and the land burdened are amalgamated.
s 368 amd 1997 No. 78 s 56 ; 2004 No. 4 s 37 ; 2021 No. 12 s 148 sch 3
(sec.368-ssec.1) An easement is not extinguished merely because the trustee, lessee or licensee of the land benefited by the easement acquires an interest, or a greater interest, in the land burdened by the easement.
(sec.368-ssec.2) If the same person becomes the trustee, lessee or licensee of the land benefited and the land burdened by an easement, the easement is extinguished only if— the trustee, lessee or licensee asks the registrar of titles to extinguish the easement; or the land benefited and the land burdened are amalgamated.
- (a) the trustee, lessee or licensee asks the registrar of titles to extinguish the easement; or
- (b) the land benefited and the land burdened are amalgamated.