Land Transfer Act 2017

Dealings in estates and interests in land - Easements, profits à prendre, and covenants under Property Law Act 2007 - Easements and profits à prendre

113: Merger, and extinguishment through lapse of time, of easements and profits à prendre

You could also call this:

"Updating records when easements or rights to use someone's land are cancelled or expire"

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You can apply to the Registrar to update a record of title if an easement or profit à prendre has merged or is extinguished. You need to give the Registrar the required information when you make this application. The Registrar will update the record of title if they are satisfied the easement or profit à prendre has merged or is extinguished. You can also apply if the easement or profit à prendre was only granted for a certain amount of time and that time has passed. The Registrar's update will show that the easement or profit à prendre is extinguished. This means the people who had the easement or profit à prendre will no longer have an interest in it. The Registrar will make the update on the record of title if they have all the necessary information and are satisfied the easement or profit à prendre has merged or is extinguished, you can see similar rules in s 70. This update will affect the people who had the easement or profit à prendre and those who claim under them. Their interest in the easement or profit à prendre will be extinguished when the update is made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731263.

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112: Easement variation instrument required to vary easements and profits à prendre, or

"Changing easements and profits à prendre requires a special document"


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114: Extinguishment of easements and profits à prendre on occurrence of event, or

"Ending an easement when a certain event happens"

Part 3Dealings in estates and interests in land
Easements, profits à prendre, and covenants under Property Law Act 2007: Easements and profits à prendre

113Merger, and extinguishment through lapse of time, of easements and profits à prendre

  1. The grantor or the grantee of an easement or a profit à prendre may apply to the Registrar to make an entry on a record of title that the easement or profit à prendre has merged or is extinguished.

  2. For the purposes of this section, an easement or a profit à prendre is extinguished if the easement or profit à prendre was granted for a fixed period of time that has elapsed.

  3. The application must contain the prescribed information.

  4. The Registrar must, if satisfied that the easement or profit à prendre has merged or is extinguished, make an entry on the record of title to that effect.

  5. The interest of the grantee of the easement or profit à prendre and of every person claiming under the grantee is extinguished when the entry is made on the record of title.

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