Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 90

90 Surrendering an easement

(1) A registered easement may be wholly or partly surrendered by registering an instrument of surrender of the easement.

(2) The instrument of surrender may be signed by—

(a) the owner of the lot, or the lessee of the lease, burdened by the easement and the owner of the lot benefited by the easement; or

(b) only the owner of the lot, or the lessee of the lease, benefited by the easement; or

(c) only the public utility provider in whose favour the easement is registered.

(3) However, a registered easement may be surrendered only if all registered mortgagees and lessees of the lot, or all registered mortgagees and sublessees of the lease, benefited by the easement consent to the surrender.

(4) Subsection (3) does not apply to a lessee of the lot, or a sublessee of the lease, who does not receive a benefit from the easement.

(5) In this section—

"lessee" , of a lease, means—

(a) the registered lessee of the lease; or

(b) if the mortgagee of the lease is in possession—the mortgagee in possession.

"owner" , of a lot, means—

(a) the registered owner of the lot; or

(b) if the mortgagee of the lot is in possession—the mortgagee in possession.