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

Modification of easement

Form 20EM (PDF 600 KB)

Dealing type - EM

Legislation - s89(8) Conveyancing Act 1919

Stamp duty - not required

NOS form - not required

Standard form of Caveat - does not prevent registration.

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

Pursuant to s89(8) Conveyancing Act 1919 an easement may only be modified by Order of the Supreme Court.

An extra fee is payable for a plan annexed to the dealing.

(A) The references to title for the dominant and servient tenement titles must be stated.

For an easement in gross the dominant tenement panel must be completed with the name of the relevant statutory authority or the words 'easement in gross'.

Note  An easement in gross does not have a dominant tenement.

(B) The registered number and nature of the easement must be stated.

(D) The full name of the applicant must be stated.

(E) The date of the Order of the Supreme Court must be stated. An office copy of the Order must be annexed to the dealing.

(F) 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
Applicant Tick Tick Tick Tick

See execution requirements for companies, witnesses etc pages

Where the applicant is the Owners Corporation of a strata scheme, execution must take the form as set out in Approved Form 23.

Staff processing information

Refer to Legal through the Senior Examining Officer.