Australian Capital Territory Current Acts

LAND TITLES ACT 1925 - SECT 103E

    (1)     A registered easement shall be extinguished—

        (a)     by the registration of a memorandum of extinguishment of easement; or

        (b)     by the surrender of the lease of the land benefited by the easement.

Note 1     A fee may be determined under s 139 (Determination of fees, charges and other amounts) for lodgment of a memorandum of extinguishment of easement.

Note 2     If a form is approved under s 140 (Approved forms) for a memorandum, the form must be used.

    (2)     Despite subsection (1) (b), a registered easement is not extinguished if, after surrender by the lessee of the lease, a new lease of the land comprised in the surrendered lease is granted to the lessee.

    (3)     On registration of a memorandum of extinguishment of easement, the registrar-general shall make such entries in the register as are necessary to record the extinguishment.

    (4)     A memorandum of extinguishment of easement shall be signed by—

        (a)     the registered proprietor of the land benefited by the easement or the person or body in whose favour the easement is registered; and

        (b)     each registered mortgagee and lessee (other than a lessee who does not receive a benefit from the easement) of the land benefited by the easement.

    (5)     An easement is not extinguished merely because—

        (a)     the burdened and benefited land in relation to the easement have the same registered proprietor; or

        (b)     the registered proprietor of the land benefited by the easement acquires an interest, or a greater interest, in the land burdened by the easement.