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Extinguishment.
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39.— (1) On the expiry of a 12 year continuous period of non-user of an easement or profit à prendre acquired by—
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(a) prescription, or
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(b) implied grant or reservation,
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the easement or profit à prendre is extinguished except where it is protected by registration in the Registry of Deeds or Land Registry, as appropriate.
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(2) This section applies to extinguishment of an easement or profit à prendre notwithstanding that it was acquired before the commencement of this Chapter, provided at least 3 years of the period of non-user occur after such commencement.
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(3) Nothing in this section affects the jurisdiction of the court to declare that an easement or profit à prendre, however acquired, has been abandoned or extinguished.
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