Lodgement Notes
- Application must be assessed for stamp duties prior to being lodged in the LTO
- Consenting parties to complete panel form VE consent
Purpose:
Application for Variation/Extinguishment of Easement lodged pursuant to S 90B of the Real Property Act 1886 or Section 41 of the Roads (Opening and Closing) Act 1991. An easement can only be varied as regards its extent, position or appurtenancy. A VE document cannot change the purpose, covenants or conditions of the easement.
The Forest Property Act 2000 amended the RPA by inserting the definition of "easement" to include profits a 'prendre.
Multiple dominant or servient tenements may be included in the one form VE in limited circumstances only for example where :
- Dominant tenements are in common ownership
- Dominant tenement may be in diverse ownership if the easement being varied/extinguished was created by the same granting document
Panel Forms:
VE
Related Information:
Notice to Lodging Parties 103, 119, 140, 158
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