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76. Court order varying or extinguishing easement

(1) The Court may, on application by any person interested in real property burdened by an easement, make an order wholly or partly varying or extinguishing the easement.
(2) The Court may not make an order under subsection (1) unless satisfied that —
(a) by reason of a change in use of the burdened real property, as approved by the Relevant Authority, the continued existence of the easement will impede the development of the lot for public or private purposes; or
(b) the proposed variation or extinguishment will not materially injure a person entitled to the benefit of the easement.
(3) When making an order under subsection (1), the Court may order the applicant to pay compensation to any person entitled to the benefit of the easement.
(4) An order under subsection (1) binds all persons who are, or who may become entitled to, the benefit of the easement, regardless of whether they have been notified o f, or participated in, the proceedings.
(5) The Registrar shall register the Court order in the folios for the burdened real property and (except in the case of an easement in gross) the benefited real property.