Section 289
Release of easement by dominant proprietor
of National Land Code (Revised - 2020)
(1)
Subject to subsection (3), any easement granted under this Chapter may be released at any time by the proprietor of the dominant land.
(2)
Any such release shall be effected by an instrument in
Form 17c, and the easement shall cease to exist on the date on which the instrument is registered.
(3)
The consent of any lessee, tenant or chargee for the time being entitled to the benefit of any easement by virtue of section 287 shall be necessary for its release pursuant to this section, and any such consent shall be signified in the instrument of release, as indicated in Form 17c.
300
Act 828
Extinguishment of easements by unity of title and possession 290.
Any easement granted under this Chapter shall be extinguished by operation of law if at any time thereafter all of the following conditions are satisfied:
(a)
the dominant land and the servient land are vested in the same proprietor;
(b)
no lessee, tenant or chargee is, by virtue of section 287, entitled to the benefit thereof; and
(c)
the servient land or, as the case may be, that part thereof the enjoyment of which is affected by the easement is neither subject to any lease or tenancy nor occupied by any chargee.
Cancellation of easements by Registrar 291.
Section 315 shall have effect for the purpose of enabling the Registrar to cancel the registration of any easement on any of the following grounds:
(a)
that it has been extinguished as mentioned in section 290;
(b)
that the term for which it was granted has expired, or any event on the occurrence of which it was expressed to determine has taken place;
(c)
that it has been abandoned; or
(d)
that it is obsolete, or impedes the reasonable use of the servient land, and that its cancellation will not injure any person entitled to the benefit thereof.
301
National Land Code 449
Provisions of the
National Land Code
Modification
Act 828
Provisions of the
National Land Code
Modification
Subsection 292(2)
In its application to the Federal Territory of Labuan, delete the words “either”, “or, as the case may be,
Land Office” and “or Land Office”.
National Land Code
National Land Code 451
Part Eighteen—REGISTRATION OF DEALINGS