(3) When in any folio of the Register or instrument an S. 72(3) easement is referred to or created or reserved by amended by No. 18/1989 the use of the words "Together with [or s. 12(Sch. 1 Reserving] a right of carriage-way over" item 104). [specifying the roads subject to the easement and such referring to a map or plan of subdivision] words shall have the same effect and shall be construed as if the words contained in the Twelfth Schedule had been inserted in the folio of the Register or instrument. 73 Removal of easement etc. No. 5842 s. 73. (1) A registered proprietor may make application in S. 73(1) amended by an appropriate approved form to the Registrar for Nos 9976 s. 11, 18/1989 the deletion from the Register of any easement in s. 12(Sch. 1 whole or in part where it has been abandoned or item 105). extinguished. (1A) Subsection (1) does not apply to the removal of an S. 73(1A) inserted by easement in whole or in part if— No. 53/1988 s. 45(Sch. 2 (a) the removal is part of a plan of subdivision item 85) (as amended by or consolidation; or No. 47/1989 s. 6(4)). S. 73(1A)(b) (b) the removal is authorised by a planning amended by scheme or permit under the Planning and No. 48/1991 Environment Act 1987; or s. 51. (c) section 36 of the Subdivision Act 1988 applies to the removal. S. 73(1B) (1B) A registered proprietor may make application in inserted by the appropriate approved form to the Registrar for No. 53/1988 s. 45(Sch. 2 a declaration that the whole or a part of an item 85) (as easement has been abandoned or extinguished if amended by the removal of the easement is mentioned in No. 47/1989 s. 6(4)). subsection (1A)(a).
S. 72(3) amended by No. 18/1989 s. 12(Sch. 1 item 104). (3) When in any folio of the Register or instrument an easement is referred to or created or reserved by the use of the words "Together with [or Reserving] a right of carriage-way over" [specifying the roads subject to the easement and referring to a map or plan of subdivision] such words shall have the same effect and shall be construed as if the words contained in the Twelfth Schedule had been inserted in the folio of the Register or instrument. No. 5842 s. 73. 73 Removal of easement etc. S. 73(1) amended by Nos 9976 s. 11, 18/1989 s. 12(Sch. 1 item 105). (1) A registered proprietor may make application in an appropriate approved form to the Registrar for the deletion from the Register of any easement in whole or in part where it has been abandoned or extinguished. S. 73(1A) inserted by No. 53/1988 s. 45(Sch. 2 item 85) (as amended by No. 47/1989 s. 6(4)). (1A) Subsection (1) does not apply to the removal of an easement in whole or in part if— (a) the removal is part of a plan of subdivision or consolidation; or S. 73(1A)(b) amended by No. 48/1991 s. 51. (b) the removal is authorised by a planning scheme or permit under the Planning and Environment Act 1987; or (c) section 36 of the Subdivision Act 1988 applies to the removal. S. 73(1B) inserted by No. 53/1988 s. 45(Sch. 2 item 85) (as amended by No. 47/1989 s. 6(4)). (1B) A registered proprietor may make application in the appropriate approved form to the Registrar for a declaration that the whole or a part of an easement has been abandoned or extinguished if the removal of the easement is mentioned in subsection (1A)(a).
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