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Three ways to terminate the easement
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LAND LAW IIAPRIL 2011
PART A QUESTION 1
NUR HIDAYAHTUL NABIHAH BINTI MANAS2011440904
APRIL 2011 PART A, QUESTION 1
On 20 June 2009, Badrul granted an easement over a specified portion of his land as a right of way to
his neighbour, Asyraf. The easement was duly registered at Klang Land Office. Recently Asyraf
decided to migrate to Australia and terminate the easement. Advice Asyraf three (3) ways of
terminating or extinguishing of an easement under the National Land Code.
DEFINITION OF EASEMENT
• S.282 (1)• Rights granted by one proprietor
to another for the beneficial enjoyment of his land
Termination of Easement
S.289 (1)
Release by the
dominant land
owner at any time.
-Form 17C-Consent from lessee, tenant
or chargee
S.290Dominant and
servient land
registered under the name of the same
person
S.291
Cancellation by registrar subject to
S.315-S.290-Expiry of
term agreed
-Abandon
ed-Obsolete
OBSOLETE
Servient land owner show
express intention
-Dominant land owner not requires
the easement OR
-not used for a long
period/abandoned
Factors:-Balancing the
conflicting interest
-Easement valueless?
-Obstruct the use of servient
land?-Easement not
relevant?-New
proprietor acknowledges and intends to
use.
CONCLUSION
• There are 3 ways to terminate the easement under NLC. In this
question, Asyraf may terminate by releasing it Form 17C or by
cancellation by registrar.