On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Release of a right of way

ADIS Code - ROWR

A release of a right of way removes the burden of the right of way from the servient tenement.

The grantor is the proprietor of the servient tenement.

The grantee is the proprietor of the dominant tenement.

Lodgment requirements

Stamp duty - Required.  If not marked, Registration insisted upon is prohibited.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form  (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Right of Way- Release of

(C) Locality - The situation of the servient tenement and the dominant tenement.

Link Conveyance - For the Old System land if the right of way is not registered.

Principal Deed - The registered right of way.

(D) Indexing - The grantor and the grantee.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the grantor and the grantee and the party with the power to release the right of way, are required.  Advise the lodging party of any discrepancies in names. 

Operative clause:  "... hereby releases a right of way...".

Locality:  required.  The situation of the servient tenement and the dominant tenement.

Land Description:  required. Determine if the affected land is Old System or other (see IPF).  Where Old System land is affected it must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:   required if the right of way is unregistered and the servient tenement or the dominant tenement is Old System land.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Execution:  by the grantee or the party with the power to release the right of way.  A power of attorney must be registered.  The grantor does not have to sign.

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

A release of an easement must be entered under the Easement Release Frame, ie code "EAR".

If the right of way is unregistered enter the Locality and the Link Conveyance.  Enter a Noting: "Release of unregistered right of way [description of right of way] dated ...".

CA Not required

Indexing

Locality:  required.  The situation of the servient tenement and dominant tenement land.

Link Conveyance:  required if the right of way is unregistered and the servient tenement or dominant tenement is Old System land.  The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed: the registered right of way.

Noting:  "[description of the right of way]".

If the dominant tenement is Old System land: "Land in Link Conveyance is the dominant tenement".

If Old System land is affected and:

  • part of the land, state: "part being [affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:

The servient tenement is Old System land:  the grantee, and the party with the power to release the right of way, deceased estates or trusts, and any variations thereof.

The servient tenement and the dominant tenement are Old System land:  the grantee, and the party with the power to release the right of way, deceased estates or trusts, and any variations thereof.

The dominant tenement is Old System land:  the grantor and the grantee, and the party with the power to release the right of way, deceased estates or trusts, and any variations thereof.

P:

The servient tenement is Old System land:  the grantor, deceased estates or trusts, and any variations thereof.

The servient tenement and the dominant tenement are Old System land:  the grantor, deceased estates or trusts, and any variations thereof.

The dominant tenement is Old System land:  nil.