Section 317 — Property Law Act 2007: Court may modify or extinguish easement or covenant

317 Court may modify or extinguish easement or covenant (1) On an application (made and served in accordance with section 316 ) for an order under this section, a court may, by order, modify or extinguish (wholly or in part) the easement or covenant to which the application relates (the easement or covenant ) if satisfied that— (a) the easement or covenant ought to be modified or extinguished (wholly or in part) because of a change since its creation in all or any of the following: (i) the nature or extent of the use being made of the benefited land, the burdened land, or both: (ii) the character of the neighbourhood: (iii) any other circumstance the court considers relevant; or (b) the continuation in force of the easement or covenant in its existing form would impede the reasonable use of the burdened land in a different way, or to a different extent, from that which could reasonably have been foreseen by the original parties to the easement or covenant at the time of its creation; or (c) every person entitled who is of full age and capacity— (i) has agreed that the easement or covenant should be modified or extinguished (wholly or in part); or (ii) may reasonably be considered, by his or her or its acts or omissions, to have abandoned, or waived the right to, the easement or covenant, wholly or in part; or (d) the proposed modification or extinguishment will not substantially injure any person entitled. (2) An order under this section modifying or extinguishing the easement or covenant may require any person who made an application for the order to pay to any person specified in the order reasonable compensation as determined by the court. Compare: 1952 No 51 s 126G(1)