TRANSFER OF LAND ACT 1893 - SECT 229A
TRANSFER OF LAND ACT 1893 - SECT 229A
229A . Easement not used or enjoyed for 20 years, removal of
(1) A proprietor of
land may apply to the Commissioner for the removal from the certificate of
title of any easement notified thereon.
(2) If the
Commissioner is satisfied that the easement has not been used or enjoyed for a
period of not less than 20 years, he may make an order directing the removal
of the entry or statement of the easement, and thereupon the easement shall be
deemed to have been abandoned and extinguished.
(3) The Commissioner
shall not make an order under subsection (2) until 21 days after the Registrar
has served —
(a) each
person appearing from the Register to have an estate or interest in the land
to which the easement is appurtenant; and
(b) each
person named by the Commissioner,
with notice of the
application.
(4) The notice shall
be in writing and dated and shall include or contain a plan showing the extent
to which such easement is affected.
(5) This section does
not apply to any easement created under Part IVA or granted under section 144
of the Land Administration Act 1997 .
[Section 229A inserted: No. 17 of 1950 s. 65;
amended: No. 14 of 1972 s. 7; No. 81 of 1996 s. 134; No. 31 of 1997 s. 130.]