Easements—variation
103F Easements—variation
Subject to subsection (2), a registered easement may be varied by registration of a memorandum of variation of easement.
A registered easement cannot be varied—
by changing the location of the easement; or
by increasing or decreasing the area of land affected by the easement; or
by changing the burdened or benefited land; or
if it is an easement registered in accordance with section 103C (1)—by changing the person or body in whose favour the easement is registered.
A memorandum of variation of easement shall be signed by—
the registered proprietor of the land benefited by the easement or the person or body in whose favour the easement is registered; and
each registered mortgagee and lessee (other than a lessee who does not receive a benefit from the easement) of the land benefited by the easement.
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