Release or extinguishment of restriction on the use of land

Form  13RRE (PDF 650 KB)

Dealing type - ER

Legislation

s88 Conveyancing Act 1919

s88D(12) Conveyancing Act 1919 (release)

s88E(7) Conveyancing Act 1919 (release)

s89(8) Conveyancing Act 1919 (extinguishment)

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - does not prevent registration.

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

 An Owners Corporation of a Strata Scheme may:

  • pursuant to a special resolution, release a restriction on the use of land that benefits common property or the whole parcel; or
  • pursuant to a resolution, accept a dealing that releases a restriction on the use of land that burdens common property or the whole parcel.

(See s34 Strata Schemes Development Act 2015)

The Association of a Community Title Scheme may, pursuant to a unanimous resolution, accept or execute a dealing creating a restriction on the use of land that benefits or burdens community property or the whole of the community parcel, (See s35 Community Land Development Act 1989)

An additional fee is payable for the release or extinguishment of each restriction created by a separate s88B instrument, i.e. different Deposited Plan numbers.

There is no extra fee payable for a plan annexed.

Release or extinguishment of a restriction created pursuant to s88 Conveyancing Act 1919

A restriction on the use of land created other than by s88D or s88E Conveyancing Act 1919 may be:

  • released by a deed of release
  • released by an agreement in writing between the parties or
  • extinguished by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.

(A) The reference to title for the land burdened by the restriction must be stated.

(C) The registered number of the restriction must be stated.

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

Release  the applicant must be a party to the deed of release or agreement

Extinguishment  the applicant must be the registered proprietor of the burdened land.

(E)

1. Release (s88)the inappropriate clause must be deleted and verified. The date of a deed of release must be stated. A certified copy of the deed of release or the agreement must be annexed to the dealing.

2. Extinguishment the date of the Order from the Supreme Court must be stated. An office copy of the Order must be annexed to the dealing.

Note  Any requirement for the written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable, will be determined by NSW LRS.

(F) Release  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

For further execution requirements for companies, witnesses etc.

Where the applicant or registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB).  The following certificates are also required:

  • Strata Schemes Approved Form 14 (PDF 8 KB) where the Owners Corporation benefits from the dealing or
  • Strata Schemes Approved Form 13 (PDF 23 KB) where the Owners Corporation is burdened by the dealing and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

(F) Extinguishment  the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:

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

Where the applicant or registered proprietor is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB).  A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc.

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

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [396.340].

Release or extinguishment of a restriction created pursuant to s88D Conveyancing Act 1919

A restriction on the use of land created by s88D Conveyancing Act 1919 may be:

  • released by way of an Order from the prescribed authority entitled to enforce the restriction or
  • extinguished by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.

(A) The reference to title for the land burdened by the restriction must be stated.

(C) The registered number of the restriction must be stated.

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

Release  the applicant must be the prescribed authority; 

Extinguishment  the applicant must be the registered proprietor of the burdened land.

(E)

2. Release (s88D)  the date of the Order from the prescribed authority must be stated. An office copy of the Order must be annexed to the dealing. 

4. Extinguishment  the date of the Order from the Supreme Court must be stated. An office copy of the Order must be annexed to the dealing. 

Note  Any requirement for the written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable, will be determined by an NSW LRS.

(F)

Release  the dealing must be executed by an authorised officer for the prescribed authority (the name of the officer and the nature of the authority must be stated) and be witnessed.

Extinguishment  the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Registered Proprietor1 Tick Tick Tick Tick

1   Where the registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23.  

Where the applicant or registered proprietor is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18.  A certificate as in Community Title Schemes Approved Form 21 is also required.

See execution requirements for companies, witnesses etc. pages

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [396.340].

Release or extinguishment of a restriction created pursuant to s88E Conveyancing Act 1919

A restriction:

  • on the use of land created by s88E Conveyancing. Act 1919 or
  • on subdivision pursuant to Part 4 of Schedule 7A Crown Lands (Continued Tenures) Act 1989

may be:

  • released by the prescribed authority entitled to enforce the restriction; or
  • extinguished by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.

(A) The reference to title for the land burdened by the restriction must be stated.

(C) The registered number of the restriction must be stated.

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

Release:  the applicant must be the prescribed authority (the Minister for Lands for a release of restriction on subdivision pursuant to Part 4 of Schedule 7A Crown Lands (Continued Tenures) Act 1989.

Extinguishment  the applicant must be the registered proprietor of the burdened land.

(E)

4. Extinguishment  the date of the Order from the Supreme Court must be stated.  An office copy of the Order must be annexed to the dealing. 

Note  Any requirement for the written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable will be determined by NSW LRS.

(F)

Release  the dealing must be executed by an authorised officer for the prescribed authority (the name of the officer and the nature of the authority must be stated) and be witnessed.

Extinguishment  the dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:

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

 Where the registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23.

See execution requirements for companies, witnesses etc. pages

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [396.340].

Staff processing information

Where the folio of the Register shows codes REUA, REUB or KZRU in the Second Schedule, refer to SD31.

In all other cases, refer to Legal through the Senior Examining Officer (the question of full release or partial release, i.e. a variation, must be asked if doubt exists).

Registration procedure

Proceed with registration as directed.

Release or extinguishment

TRANSACTION    OFF

PRIME CODE    code of restriction as shown on the Register

PRIME NO.    number of restriction.

Partial Release i.e. Variation

TRANSACTION    UNDR

PRIME CODE     code of restriction as shown on the Register

PRIME NO.    number of restriction

SUB CODE     URV.