Queensland Consolidated Acts

LAND ACT 1994 - SECT 371

371 Surrendering an easement

(1) An easement may be surrendered (wholly or partly) only if a document surrendering the easement is registered in the appropriate registers for the land benefited and burdened.

(2) The document of surrender may be signed by the—

(a) owner of the land benefited by the easement and the owner of the land burdened by the easement; or

(b) owner of the land benefited by the easement; or

(c) public utility provider in whose favour the easement is registered.

(3) A document surrendering an easement may be registered only if all persons who have a registered interest in the land benefited by the easement agree to the surrender.

(4) Subsection (3) does not apply to a sublessee or lessee who does not receive a benefit from the easement.

(5) In this section, the State is taken to be the owner of unallocated State land and reserves.

(6) In subsection (2) —

"owner of the land" includes a registered owner, trustee of land granted in trust, lessee and licensee, and also includes a mortgagee in possession.