Notice Type
Land Transfers/Joint Family Homes
Notice Title

Notice Pursuant to Section 115 of the Land Transfer Act 2017

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.