Cancellation of easement by implied release

Pursuant to s32(6) Real Property Act 1900 an easement may be cancelled where evidence is furnished to show that altered circumstances imply a release of the easement, e.g. where a building having the benefit of an easement is demolished.

The registered proprietor of the servient land may lodge a Request form 11R (PDF 150 KB) to cancel the easement. The appropriate evidence is required and NSW LRS may serve notice on the dominant owner to verify the claim. The dealing does not require marking by Revenue NSW. The certificate of title for the servient tenement is required.  See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [145.450].

Staff processing information

Refer to LEG99 then to SM99.