Describe five steps you would need to take in relation to the easement reserved over the property (drainage).

• A. Advise the clients of the effect of the easement in the register
• B. Check the replies to the Property Information Form
• C. Check the CON29DW water and drainage search
• D. Remove the easement from the title by deed

Answer: (D)

Extinguishing a drainage easement is done by a deed of release, creating a formal disentitlement of the burden and then removing it from the title. The five practical steps would be: first, identify and verify the exact easement on the title and plan so you know what will be released; second, obtain the consent of the owner who benefits from the easement (the dominant tenement) to release the right; third, draft a deed of release (or discharge) that expressly releases the easement from the servient land and records the parties, proper legal description, and consideration if any; fourth, ensure the deed is properly executed by the correct parties with proper capacity and witnessing; fifth, lodge the released deed with HM Land Registry and apply to cancel the burden on the title (and adjust the title plan accordingly), ensuring any required fees or stamp duties are dealt with.