Section 90C — Land Transfer Act 1952: Variation of easements

90C Variation of easements (1) An easement variation instrument may be registered to effect any of the following changes to any term, covenant, or condition of any easement created or registered under this Act: (a) varying it: (b) negativing it: (c) adding to it. (2) An easement variation instrument must specify the easement to be varied by reference to the register in the prescribed manner. (3) An easement instrument must be executed by,— (a) in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and (b) in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee. Sections 90B to 90F were inserted, as from 29 September 1961, by section 3 Land Transfer Amendment Act 1961 (1961 No 9). Subsection (1)(b) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69). The amendment provision has, apparently in error, omitted “ (b) ” from the beginning of this paragraph, and the style or layout is forming part of sections (1), not paragraph (b). Subsection (3) was amended, as from 7 October 1966, by section 9(2) Land Transfer Amendment Act 1966 (1966 No 37) by omitting the words “ the intended easements shown on ” . Subsection (6) was inserted, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123). Sections 90 to 90F were substituted, as from 26 August 2002, by section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). See section 66 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) as to the transitional provisions relating to easements. See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216).