73Removal of easement etc.

73 Removal of easement etc.

S. 73(1) amended by Nos 9976 s. 11, 18/1989 s. 12(Sch. 1 item 105).

(1) A registered proprietor may make application in an appropriate approved form to the Registrar for the deletion from the Register of any easement in whole or in part where it has been abandoned or extinguished.

S. 73(1A) inserted by No. 53/1988 s. 45(Sch. 2 item 85) (as amended by No. 47/1989 s. 6(4)).

(1A) Subsection (1) does not apply to the removal of an easement in whole or in part if—

(a) the removal is part of a plan of subdivision or consolidation; or

S. 73(1A)(b) amended by No. 48/1991 s. 51.

(b) the removal is authorised by a planning scheme or permit under the Planning and Environment Act 1987; or

(c) section 36 of the Subdivision Act 1988 applies to the removal.

S. 73(1B) inserted by No. 53/1988 s. 45(Sch. 2 item 85) (as amended by No. 47/1989 s. 6(4)).

(1B) A registered proprietor may make application in the appropriate approved form to the Registrar for a declaration that the whole or a part of an easement has been abandoned or extinguished if the removal of the easement is mentioned in subsection (1A)(a).

S. 73(1C) inserted by No. 53/1988 s. 45(Sch. 2 item 85) (as amended by No. 47/1989 s. 6(4)).

(1C) The Registrar must give to each person who appears by the Register to have an estate or interest in the land benefited by the easement notice of the application and, if the Registrar is of the opinion that the easement has been abandoned or extinguished in whole or in part, must issue a written declaration to that effect to the applicant.

S. 73(2) amended by No. 18/1989 s. 12(Sch. 1 item 106).

(2) The Registrar shall give to every person who appears from the Register to have any estate or interest in the land to which the easement is appurtenant notice of the application and if he is of opinion that any such easement has been abandoned or extinguished in whole or in part shall make appropriate amendments in the Register.

(3) Where it is proved to the satisfaction of the Registrar that any such easement has not been used or enjoyed for a period of not less than thirty years, such proof shall constitute sufficient evidence that such easement has been abandoned.

S. 73(4) amended by Nos 9976 s. 11, 53/1988 s. 45(Sch. 2 item 86) (as amended by No. 47/1989 s. 6(4)), 18/1989 s. 12(Sch. 1 item 107), 85/1998 s. 11(2).

(4) Any person claiming an estate or interest in the land to which the easement to which subsection (1) applies is appurtenant may before the deletion of the easement from the Register lodge a caveat in an appropriate approved form with the Registrar forbidding the deletion, which caveat shall be subject to the same provisions and have the same effect with respect to the application for deletion as a caveat under section 26R against the creation of a folio.