Land And Conveyancing Law Reform Act 2009

39.

Extinguishment.

39.— (1) On the expiry of a 12 year continuous period of non-user of an easement or profit à prendre acquired by—

( a) prescription, or

( b) implied grant or reservation,

the easement or profit à prendre is extinguished except where it is protected by registration in the Registry of Deeds or Land Registry, as appropriate.

F4 [ (1A) Subsection (1) does not affect the exercise by the Property Registration Authority of the power to modify or cancel any entry in accordance with section 69(4) of the Act of 1964. ]

(2) This section applies to extinguishment of an easement or profit à prendre notwithstanding that it was acquired before the commencement of this Chapter, provided at least 3 years of the period of non-user occur after such commencement.

(3) Nothing in this section affects the jurisdiction of the court to declare that an easement or profit à prendre, however acquired, has been abandoned or extinguished.