Section 96Part 5 — Dispositions
Discharge and modification of easements, profits, positive or restrictive covenants
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96. (1) The court shall have power, on the application of any person interested in land affected by an easement, profit, positive or restrictive covenants by order wholly or partially to extinguish or modify any such easement, profit, positive or restrictive covenants (with or without payment by the applicant of compensation to any person suffering loss in consequence of the order), on being satisfied that — Section 97 Registered Land Law Page 48 Revised as at 28th day of February, 2018 c
by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which the court deems material, the easement, profit, positive or restrictive covenants ought to be held to be obsolete;
the continued existence of the easement, profit, positive or restrictive covenants impedes the reasonable user of the land for public or private purposes without securing practical benefits to other persons or, as the case may be, will unless modified so impede such user to a different extent, from that which could reasonably have been foreseen by the original parties to the easement, profit, positive or restrictive covenant at the time of its creation; or
the proposed discharge or modification will not injure the person entitled to the benefit of the easement, profit, positive or restrictive covenants.
Notwithstanding subsection (1), nothing prevents modification of an easement, profit, positive or restrictive covenant by agreement between the persons interested in, or affected by, the benefitted and burdened land.