108Release and extinguishment of easements and profits à prendre

108 Release and extinguishment of easements and profits à prendre

(1)  [Section 108 Subsection (1) amended by No. 36 of 2012, s. 31, Applied:13 Nov 2012] *[Section 108 Subsection (1) amended by No. 21 of 1996, s. 19 ]*Subject to subsection (4) , an easement or profit à prendre which is recorded in the Register may be released wholly or partly by the person having the benefit of that easement or profit à prendre by an instrument in an approved form and registered under this Act.

(2)  [Section 108 Subsection (2) amended by No. 23 of 2021, s. 90, Applied:01 Jan 2022] [Section 108 Subsection (2) amended by No. 23 of 2021, s. 90, Applied:01 Jan 2022] [Section 108 Subsection (2) amended by No. 36 of 2012, s. 31, Applied:13 Nov 2012] Subject to subsection (4) , the Recorder, upon the application of a person having an estate or interest in land affected by an easement or profit à prendre, or of the Recorder’s own motion, may cancel the registration of the easement or profit à prendre, in whole or in part, where it appears to the Recorder’s satisfaction that –

(a) the period of time for which it was intended to subsist has expired;

(b) the event upon which it was intended to determine has occurred; or

(c) it has been abandoned.

(3)  [Section 108 Subsection (3) substituted by No. 29 of 1997, s. 7, Applied:06 Nov 1997] [Section 108 Subsection (3) substituted by No. 36 of 2012, s. 31, Applied:13 Nov 2012] In considering whether an easement or profit à prendre has been abandoned, the Recorder, if satisfied on evidence that the easement or profit à prendre has not been used for a period of at least 20 years, is to treat that failure to use as conclusive evidence that the easement or profit à prendre has been abandoned.