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TRANSFER OF LAND ACT 1958 - SECT 73A Abandonment of easement of right of way

TRANSFER OF LAND ACT 1958 - SECT 73A

Abandonment of easement of right of way

Upon an application to bring land under this Act or to amend a folio of the Register, if it is proved to the satisfaction of the Registrar that any land constituting a private road street or way or a portion of a private road street or way subject to an easement of right of way has been exclusively continuously and adversely occupied by the applicant or by him and those through whom he claims for a period of not less than thirty years the Registrar may notwithstanding anything to the contrary in this Act at his discretion create a folio of the Register for the fee simple of that land without recording any right or easement of way as an encumbrance thereon, and thereafter the said right or easement shall not be preserved by section forty-two.

S. 73B inserted by No. 42/2017 s. 28.