Section 88

Where, upon the registration of a transfer or other instrument, the same person becomes the proprietor for the same estate and in the same interest of both dominant and servient tenements, it is the duty of that proprietor to indicate the fact of such union of tenements in the instrument by which it is effected, and, upon the registration of that instrument or so soon thereafter as he becomes aware of the union, the Registrar shall cancel the registration of the easement.

This section applies notwithstanding any agreement, stipulation or expression of intention to the contrary.

For the purposes of this section, parcels of land shall not be deemed to be held for the same estate and in the same interest while one of those parcels is subject to a registered mortgage, charge or lease.[84