AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 108

Release and extinguishment of easements and profits à prendre

(1)  Subject to subsection (4) , an easement or profit à prendre which is recorded in the Register may be released wholly or partly by the person having the benefit of that easement or profit à prendre by an instrument in an approved form and registered under this Act.
(2)  Subject to subsection (4) , the Recorder, upon the application of a person having an estate or interest in land affected by an easement or profit à prendre , or of the Recorder’s own motion, may cancel the registration of the easement or profit à prendre , in whole or in part, where it appears to the Recorder’s satisfaction that –
(a) the period of time for which it was intended to subsist has expired;
(b) the event upon which it was intended to determine has occurred; or
(c) it has been abandoned.
(3)  In considering whether an easement or profit à prendre has been abandoned, the Recorder, if satisfied on evidence that the easement or profit à prendre has not been used for a period of at least 20 years, is to treat that failure to use as conclusive evidence that the easement or profit à prendre has been abandoned.
(4)  This section has effect notwithstanding sections 28(14) , 40(3)(e)(ia) and 151(1)(e) .



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