Section 70 — Land Transfer Act 1952: Removal of easements and profits á prendre from register

70 Removal of easements and profits á prendre from register (1) If any easement or profit á prendre has been determined or extinguished, or appears to the Registrar to be redundant, the Registrar must, on proof to his or her satisfaction of the determination or extinguishment or that the easement is redundant, make an entry to that effect in the register. (2) For the purposes of subsection (1) , an easement may be regarded as redundant if— (a) the dominant tenement or any part of it has become separated from the servient tenement as a result of a subdivision or otherwise; and (b) the easement no longer benefits the dominant land. (3) A person who wishes the Registrar to make an entry to the effect that an easement is redundant must apply to the Registrar, and give the Registrar a statutory declaration or declarations to the effect that specific circumstances exist that meet— (a) the criteria set out in subsection (2) ; or (b) any other criteria specified by the Registrar for determining that easements are redundant. (4) The Registrar may make an entry that an easement is determined, extinguished, or redundant if he or she— (a) has given notice of his or her intention to do so to all persons appearing to him or her to be entitled to any interest under the easement; and (b) has given the prescribed period of public notice of his or her intention to do so; and (c) No objections have been received. (5) The estate or interest of the registered proprietor of the easement or profit á prendre and of every person claiming through or under the registered proprietor ceases and determines on the making of the entry in the register, but does not release any person from any liability to which that person is subject at the time of the entry. (6) The requirement to give notice under subsection (4) does not apply if the determination or extinguishment was by effluxion of time or merger. Section 70 was substituted, as from 12 June 2003, by section 42 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2003 (SR 2003/103).