Although there is little risk in acting informally (as the removed interest will
16.42
clearly be at an end), the lack of a provision enabling the Registrar to tidy up the
records in non-contentious circumstances is unsatisfactory. It has also lead to a
lack of consistency in the way requests to remove redundant entries from the
register have been handled.
A possible solution: section 70
There is one notable exception to the situation outlined above. In the case of
16.43
easements and profits a prendre of fixed duration, section 70 of the LTA provides
a rudimentary process for their removal from the register. This
Removal of easements and
If any easement or
(1)
profit a prendre
has
appears to the Registrar to be redundant, the Registrar must, on proof to his or
her satisfaction of the determination or extinguishment or that the easement is
redundant, make an entry to that effect in the register.
For the purposes of subsection (1), an easement may be regarded
(2)
the dominant tenement or any part of it has become separated from the servient
(a)
tenement as a result of a subdivision or otherwise; and
the easement no longer benefits the dominant land.
(b)
A person who wishes the Registrar to make an entry to the effect that an easement
(3)
is redundant must apply to the Registrar, and give the Registrar a statutory declaration
or declarations to the effect that specific circumstances exist
the criteriaset out in subsection (2); or
(a)
any other criteria specified by the Registrar for determining that easements are
(b)
redundant.
The Registrar may make an entry that an easement is determined, extinguished,
(4)
or redundant if he or she
has given notice of his or her intention to do so to all persons appearing to him
(a)
or her to be entitled to any interest under the easement; and
has given the prescribed period of public notice of his or her intention to do so;
(b)
and
No objections have been received.
(c)
The estate or interest of the registered proprietor of the easement or
(5)
profit a
prendre
and of every person claiming through or under the registered
ceases and determines on the making of the entry in the register, but does not
release any person from any liability to which that person is subject at the time of
the entry.
The requirement to give notice under subsection (4) does not apply if the
(6)
determination or extinguishment was by effluxion of time or merger.
Subsection (1) catches all easements and profits a prendre
16.44
that have come to an
end by one means or another including such rights that have determined by
passage of time (see subsection (6)). Because such termination is self-evident the
proof required for the purposes of subsection (1) does not have to be elaborate.
In fact, a simple request to note the register accordingly will
197
Review of the Land Transfer Act 1952
