Extinguishment of easements

An easement may be released by means of an appropriate dealing (Transfer Releasing Easement, Request etc) registered in NSW LRS or as part of a following plan of subdivision, by inclusion in Part 1A of the Section 88B instrument.

Note 1  Upon resumption of the servient tenement, an easement will be extinguished unless the easement is specifically preserved by the terms of the gazette notice. Where a resuming authority makes it clear that upon the resumption of the dominant tenement the easement is not to be used, the easement may be treated as released.

Note 2  Where an easement or profit à prendre has been created by a mortgage or lease under the Torrens system, a discharge of the mortgage or a surrender or expiration of the lease will bring the easement or profit à prendre to an end. If the mortgagee forecloses or transfers in exercise of power of sale, the easement or profit à prendre will remain appurtenant to the land originally mortgaged.

Release by registration of a dealing of whole or part of the easement.

Release by abandonment the Registrar General may cancel an easement recorded in Register on basis it has been abandoned.
Release by consolidation of tenements applies where the registration of a plan causes part of the servient tenement to form part of the dominant tenement of an existing easement.
Sunset clauses an easement may be expressly limited to operate until a certain future date.
Extinguishment by Order of Court the Court has power to modify or wholly or partially extinguish an easement.