98Extinguishment of easement or easement in gross

98 Extinguishment of easement or easement in gross (1) A registered easement or easement in gross may be wholly or partly extinguished by registering an instrument of extinguishment of the easement or easement in gross. (2) The instrument of extinguishment of an easement may be signed by: (a) the registered owners of the lots burdened and benefited by the easement; or (b) only the registered owner of the lot benefited by the easement. (3) The instrument of extinguishment of an easement in gross may be signed by only the person in whose favour the easement in gross is (4) Subject to this section, a registered easement may be extinguished only if all registered mortgagees and lessees of the lot benefited by the easement consent to the extinguishment. (5) Subsection (4) does not apply to a lessee who does not receive a benefit from the easement. (6) The Registrar-General must: (a) on the application of a person who has a registered interest in land that has been subject to a registered easement for more than 5 years; and (b) on payment of the prescribed fee, give written notice to the person entitled to the benefit of the registered easement. (7) The notice is to state that on the expiration of the period, of not less than 28 days as specified in the notice, the Registrar-General will remove the registered easement from the register unless within the period the person entitled to the benefit of the easement gives to the Registrar-General a notice in the approved form accompanied by the prescribed fee. (8) If the person does not give notice in accordance with subsection (7), the Registrar-General may remove the registered easement from the register.

Subdivision 2 Creating easements or easements in gross by registering plans of subdivision or consolidation Land Title Act 2000 64