National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Release, extinguishment and cancellation
290. Extinguishment of easements by unity of title and possession
Feedback & supportAny easement granted under this Chapter shall be extinguished by operation of law if at any time thereafter all of the following conditions are satisfied:
the dominant land and the servient land are vested in the same proprietor;
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
no lessee, tenant or chargee is, by virtue of section 287, entitled to the benefit thereof; and
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.