|
|
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.
|
|
| |
(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.
|
