Commentary on Sections Part 1: Real Burdens: General Section 24: Effect of registration of notice of termination.
125.Section 24 explains the effect of registration. Registration extinguishes the burdens, subject to any qualifications (i) in the notice itself or (ii) in the Lands Tribunal certificate endorsed on the notice.
126.If, at a later time, opposition was withdrawn by a benefited proprietor, subsection (2) allows a further certificate (under section 23(1)(a)) and a second registration. This second registration will rely upon the second certificate. If, however, the opposition (partial or full) was not withdrawn but the application for renewal or variation was instead refused by the Lands Tribunal and the burden discharged, the proper procedure is to register the Tribunal’s order in terms of section 104(2). The notice itself cannot be registered because no certificate can be given under section 23(1).