88. Extinguishment by union of tenements
Feedback & supportWhere, 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.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
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
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;