31 Jul 2019
Re YOURSECTION LIMITED [2019] NZHC 1825 .
- Citation
- [2019] NZHC 1825
- Court
- High Court
On the evidence the covenant could be extinguished under s317 because no recorded person currently holds the benefit and the Christchurch City Council has assumed responsibility for maintenance of the drain (rendering the covenant redundant); the court granted a conditional without‑notice order extinguishing the easement upon written confirmation from the Council that it will continue to maintain the drain.