sec.72Variation and cancellation of access right, dispute resolution and enforcement

### sec.72 Variation and cancellation of access right, dispute resolution and enforcement The landholder whose land is affected by an access right and the grantee of the access right may, by agreement, vary or cancel the access right or a condition on which it is held. A party to an access right may apply to the Land Court to vary or cancel the access right or a condition on which the access right is held. The applicant must serve a copy of the application on every person the applicant knows may be entitled to claim compensation if the application is granted. The Land Court may grant the application only if— for an application to cancel a cane railway easement—the court is satisfied the easement has not been used for at least 2 years; or otherwise—the court is satisfied there are special circumstances. A change in the use of the land affected by the access right is not in itself special circumstances for subsection (4) (b) . A cane railway easement included in a register kept under the Land Act 1994 or the Land Title Act 1994 may be varied only in compliance with the provisions of that Act about amending an easement. s 72 amd 2007 No. 26 s 10 ; 2008 No. 22 s 25 (sec.72-ssec.1) The landholder whose land is affected by an access right and the grantee of the access right may, by agreement, vary or cancel the access right or a condition on which it is held. (sec.72-ssec.2) A party to an access right may apply to the Land Court to vary or cancel the access right or a condition on which the access right is held. (sec.72-ssec.3) The applicant must serve a copy of the application on every person the applicant knows may be entitled to claim compensation if the application is granted. (sec.72-ssec.4) The Land Court may grant the application only if— for an application to cancel a cane railway easement—the court is satisfied the easement has not been used for at least 2 years; or otherwise—the court is satisfied there are special circumstances. (sec.72-ssec.5) A change in the use of the land affected by the access right is not in itself special circumstances for subsection (4) (b) . (sec.72-ssec.6) A cane railway easement included in a register kept under the Land Act 1994 or the Land Title Act 1994 may be varied only in compliance with the provisions of that Act about amending an easement. - (a) for an application to cancel a cane railway easement—the court is satisfied the easement has not been used for at least 2 years; or - (b) otherwise—the court is satisfied there are special circumstances.