Skip to main content

In This Volume

  • 35 (1) A person interested in land may apply to the Supreme Court for an order to modify or cancel any of the following charges or interests against the land, whether registered before or after this section comes into force:
  • (a) an easement;
  • (b) a land use contract;
  • (c) a statutory right of way;
  • (d) a statutory building or statutory letting scheme;
  • (e) a restrictive or other covenant burdening the land or the owner;
  • (f) a right to take the produce of or part of the soil;
  • (g) an instrument by which minerals or timber or minerals and timber, being part of the land, are granted, transferred, reserved or excepted.
  • (2) The court may make an order under subsection (1) on being satisfied that the application is not premature in the circumstances, and that
  • (a) because of changes in the character of the land, the neighbourhood or other circumstances the court considers material, the registered charge or interest is obsolete,
  • (b) the reasonable use of the land will be impeded, without practical benefit to others, if the registered charge or interest is not modified or cancelled,
  • (c) the persons who are or have been entitled to the benefit of the registered charge or interest have expressly or impliedly agreed to it being modified or cancelled,
  • (d) modification or cancellation will not injure the person entitled to the benefit of the registered charge or interest, or
  • (e) the registered instrument is invalid, unenforceable or has expired, and its registration should be cancelled.
  • (3) The court may make the order subject to payment by the applicant of compensation to a person suffering damage in consequence of it but compensation is not payable solely for an advantage accruing by the order to the owner of the land burdened by the registered instrument.
  • (4) The court must, as it believes advisable and before making an order under subsection (2), direct
  • (a) inquiries to a municipality or other public authority, and
  • (b) notices, by way of advertisement or otherwise, to the persons who appear entitled to the benefit of the charge or interest to be modified or cancelled.
  • (5) An order binds all persons, whether or not parties to the proceedings or served with notice.
  • (6) The registrar, on application and the production of an order made or a certified copy of it must amend the registrar’s records accordingly.

1979-340-31; 1982-46-34, proclaimed effective August 1, 1983.