Land Titles Act 1993 · 2020 Revised Edition · Part 10 · Easements
105A. Power of court to vary or extinguish easements
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The court may, on application by any person with an interest in a servient tenement, make an order to vary or extinguish wholly or in part the easement (including any implied easement) over the servient tenement.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
An order under subsection (1) may be made upon the court being satisfied —
that by reason of a change of use of the land affected, as approved by planning permission within the meaning of the Planning Act 1998, or of changes in the character of the land or the neighbourhood, or other circumstances the court considers material, the continued existence of the easement will, unless varied or extinguished, impede the development of the land for public or private purposes without securing practical benefits to the persons entitled to the easement; or
that the proposed variation or extinguishment will not substantially injure the persons entitled to the easement.
An order varying or extinguishing wholly or in part an easement under subsection (1) may direct the applicant to pay to any person entitled to the benefit of the easement such sum by way of compensation as the court may think just to award under one, but not both, of the following heads:
a sum to make up for any loss or disadvantage suffered by that person in consequence of the variation or extinguishment;
a sum to make up for any effect which the easement had at the time when it was imposed in reducing the consideration then received for the land affected by it.
An order made under subsection (1) does not vary or extinguish wholly or in part an easement until an instrument in the approved form has been registered.
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;