The applicants described below have applied under section 115 of the Land Transfer Act 2017 for the removal of a right of way at Otago. The applicants claim the right of way is redundant by reason of the circumstances set out below.
I intend to remove the right of way on 7 October 2022 if no objections have been received before that date. You may object by giving notice to the Registrar-General of Land by 7 October 2022.
Application Number: 12501212.3
Applicants: Peter Leslie Oswell and John Noel Grant, c/- C & F Legal Limited, PO Box 1049, Nelson 7040.
Easement: Right of way over Lot 3 DP 10482 marked yellow on DP 10482 in Record of Title OT18B/117 owned by John Noel Grant and Peter Leslie Oswell for the benefit of Lot 5 DP 10482 in Record of Title OT18B/118, owned by John Samuel Henderson and Rosaleen Margaret Henderson and Lot 6 DP 10482 in Record of Title OT11B/652 owned by Body Corporate DP 20146 created by Transfer Instrument 259386 registered on 19 June 1963.
Circumstances: The easement is extinguished because it is redundant as the benefited land no longer adjoins the burdened land because of the disposal of Lot 5 DP 10482 in Transfer 282657 and failure to create right of way easement over Lot 5 DP 10482 for the benefit of Lot 6 DP 10482 and the disposal of Lot 4 DP 10482 in Transfer 432902 and failure to recreate right of way easement cancelled in Merger and cancellation of right of way 286935 over Lot 4 DP 10482 for the benefit of Lot 5 DP 10482 and as a result, the easement has no practical effect.
Dated at Land Information New Zealand, Christchurch, this 9th day of September 2022.
C. POP, for Registrar-General of Land.