← belizelaw.ai · Registered Land, Cap. 194 · PART V — Administration and Dispositions, etc., of Lands

Discharge and modification of easements, profits and restrictive agreements

Cap. 194, s. 99 · Revised Edition 2020

The court shall have power, on the application of any person interested in a land affected by an easement, restrictive agreement or by a grant of a profit, by order wholly or partially to extinguish or modify any such easement, restrictive agreement or profit, with or without payment by the applicant of compensation to any person suffering loss in consequence of the order, on being satisfied– (a) that, by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which the court thinks material, the easement, profit or restrictive agreement ought to be held to be (b) that the continued existence of the easement, restrictive agreement or profit 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; or (c) that the proposed discharge or modification will not injure the person entitled to the benefit of the easement, restrictive agreement or
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