Section 315
Cancellation of easements where extinguished by merger, time-expired, obsolete, etc.
of National Land Code (Revised - 2020)
(1)
The Registrar may, in accordance with the following provisions of this section, cancel the memorials of registration of any easement on any of the following grounds:
(a)
that it has been extinguished by merger of the dominant and servient lands, as mentioned in section 290;
(b)
that any term for which it was granted has expired;
(c)
that any event upon which it was expressed to determine has occurred;
(d)
that it has been abandoned;
(e)
that it is obsolete, or impedes the reasonable use of the servient land, and that its cancellation will not injure any person entitled to the benefit thereof.
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National Land Code 473
(2)
The Registrar may, in a case falling within paragraph (1)(a)
or (b), cancel the memorials of his own motion, but shall not in any other case exercise his powers under this section except upon an application by the proprietor of the servient land.
(3)
Any application under this section—
(a)
shall be in Form 18d;
(b)
shall be accompanied by the issue document of title to the servient land or, where not so accompanied, by a statement of the reason therefor; and
(c)
shall be supported, except in a case falling within paragraph (1)(b), by such evidence as the Registrar may require of the grounds for cancellation alleged therein.
(4)
Where the grounds alleged in any such application are those specified in paragraph (1)(d) or (e), the Registrar shall give notice of the application to the proprietor of the dominant land; and if, within the period of one month beginning with the date on which the notice is served on him, the proprietor of the dominant land objects to the cancellation, the Registrar shall not effect any cancellation until he has held an enquiry under
Chapter 4 of Part Two.
(5)
On cancelling any memorials of registration pursuant to this section, the Registrar shall—
(a)
endorse against them a note of the date of the cancellation and the reason therefor; and
(b)
cancel also, and endorse a like note on, the instrument by which the easement was granted.
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(6)
The Registrar shall also, wherever possible, cancel, and make the like endorsements against, the copy memorials of registration, and shall accordingly, as soon as may be after complying with subsection (5), take such action as may be appropriate for securing the production of the issue document of title to the dominant land and, if not already in his hands, the issue document of title to the servient land.
(7)
Every endorsement made under subsection (5) or (6) shall be signed and sealed.