When an easement or profit à prendre has ended due to merger, redundancy or extinguishment, the grantor or grantee of the easement may apply to the Registrar-General of Land (RGL) to have the easement removed from the register. Sections 113, 114 and 115 of the Land Transfer Act 2017 (LTA) set out the process for applications.
Possible grounds for an application
An application can be made:
- when an easement has expired (extinguishment through lapse of time – section 113),
- when an easement has ended because of a specific event (section 114),
- when the benefited (dominant) and burdened (servient) land are owned by the same person (merger – section 113),
- when the benefited (dominant)and burdened (servient) land have become separated (redundancy – section 115).
(Section 115 does not apply to profits à prendre or easements in gross).
LINZ resources
The key LINZ resource for removing redundant easements is the Removal of Easements Guideline 2018 – LINZG20774.
Making an application to remove a redundant easement
Applications should be made in the approved Application for Extinguishment of Easement or profit à prendre form (form 25) found on the Land registration forms page.
The instrument code is EE.
The instrument should be lodged by e-dealing (image only requiring certifications, A&I required).
Notices and advertising
If the application makes out a valid ground for removing the easement, the RGL must give notice to all persons that appear to be entitled to any interest under the easement. Though notice is not required when the easement has been determined by lapse of time or merger, nor is notice required to be given to interested people that have consented to removal of the easement.
In addition to giving notice the RGL must advertise the application. LINZ will advertise the application with public notice in one or more local newspapers (local to the easement area) and the New Zealand Gazette.
Compulsory easements
If the easement is compulsory (under s 220(1)(f) and s 243(a) Resource Management Act 1991 (or earlier equivalent legislation), the local authority must provide a certificate under s 243(e) Resource Management Act 1991 (to revoke the condition that the easement is compulsory).