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In force2020 Revised Edition

Part 10 · Easements

106. Cancellation of easements

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(1)

The Registrar must cancel the registration or notification of an easement upon proof to his or her satisfaction that —

(a)

any period of time for which the easement was intended to subsist has expired;

(b)

any event upon which the easement was intended to determine has occurred; or

(c)

the easement has been abandoned.

(2)

Where an application is made to the Registrar in the approved form and evidence is furnished to the Registrar of non-user of an easement for a period exceeding 12 years, the Registrar may, without further evidence of abandonment, give notice to the proprietor of the dominant tenement and, in the absence of objection by that proprietor within one month from the service of the notice, treat the easement as abandoned.

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