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.