Extinguishment of obsolete restrictive covenant pursuant to s81J Real Property Act 1900

 NOTE: All Statutory Declarations and evidence that are lodged in support of land dealings will be treated as publicly accessible and will be disclosed to persons upon request.

Form 11R (PDF 100 KB)

Dealing type - R

Legislation - s81J Real Property Act 1900

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration where Item 6 in Schedule 2 of the caveat has been selected.

Priority Notice noted on the Register - see Priority Notice page.

Pursuant to s81J Real Property Act 1900, a restrictive covenant or restriction on the use of land created other than by s88D or s88E Conveyancing Act 1919 may be extinguished by the registered proprietor of the servient tenement where:

  • any time limit contained in the covenant has expired
  • the land benefited and burdened by the covenant has been consolidated into a single parcel
  • the covenant does not affect the land
  • there is no specific land benefiting from the covenant
  • the land benefiting from the covenant cannot be identified and the covenant was created before 1.7.1920 or
  • the covenant has no practical value or application.

(B) The reference to title for the land burdened by the covenant must be stated.

(C) The registered number of the restrictive covenant affected by the request must be stated. The reference to title for the land affected by the request must be stated.

(D) Lodging party details must be completed.

(E) The full name of the applicant must be stated. The applicant must be the registered proprietor of the burdened land.

(F) A short description of the nature of the request must be stated, e.g. 'Extinguishment of restrictive covenant pursuant to s81J Real Property Act 1900.'

(G) Full details of the extinguishment of restrictive covenant must be stated or included in an annexure together with any evidence necessary to establish the facts upon which the application is based. The annexure itself must be identified as such. Each page must be numbered.  The first and last pages and any alterations or additions must be signed by all parties.

For more information and evidence requirements as regards s81J Real Property Act 1919, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.100].

(H) The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Registered Proprietor Tick Tick Tick Tick

See execution requirements for companies, witnesses etc. 

For extinguishment pursuant to s81J Real Property Act 1900, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.850].

(I) Not to be completed (see NOS form above).

Staff processing information

Refer to Legal through the Senior Examining Officer.

All evidence lodged must be filmed with the minute papers, and the minute papers retained permanently. 

Registration procedure

Proceed with registration as directed.

TRANSACTION    OFF

PRIME CODE    code of covenant as shown on the Register

PRIME NO.    number of covenant