“owner” (業主) has the meaning assigned to it by section 2 of the Building Management Ordinance (Cap. 344).
(6) For the avoidance of doubt, it is hereby declared that, except to the extent provided by this Ordinance, nothing in this section shall prejudice the operation of sections 39, 40 and 41 of the Conveyancing and Property Ordinance (Cap. 219).
54. Release and extinguishment of registered easements and covenants
(1) On the registration of an executed release in respect of a registered easement or covenant—
- (a) the easement or covenant is thereupon extinguished; and
- (b) the Registrar shall remove the entry in the Title Register referring to that easement or covenant.
(2) The Registrar shall, on—
- (a) application presented to him by a person affected by a registered easement or covenant; and
- (b) proof to his satisfaction that—
- (i) the period for which the easement or covenant was intended to exist has expired;
- (ii) the event upon which the easement or covenant was intended to determine has occurred; or
- (iii) the easement or covenant has otherwise ceased to have effect,
remove the entry in the Title Register referring to that easement or covenant.
55. Modification or partial extinguishment of registered easements and covenants
The Registrar shall register an application for the modification or partial extinguishment of a registered easement or covenant where—
- (a) the application is accompanied by an instrument providing for the modification or partial extinguishment; and
- (b) the Registrar is satisfied that each owner of the registered land or each lessee of the registered long term lease burdened or benefited by the easement or covenant consents to the modification or partial extinguishment.
