ADIS Code - EAR
A release of easement removes the burden of the easement from the servient tenement.
The grantor is the proprietor of the servient tenement.
The grantee is the proprietor of the dominant tenement.
Lodgment requirements
Stamp duty - Required. If not marked, Registration insisted upon is prohibited.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Easement - Release of
(C) Locality - The situation of the servient tenement and the dominant tenement.
Link Conveyance - For the Old System land if the easement is not registered.
Principal Deed - The registered easement.
(D) Indexing - The grantor and the grantee.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the grantor and the grantee and the party with the power to release the easement, are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby releases an easement...".
Locality: required. The situation of the servient tenement and the dominant tenement.
Land Description: required. Determine if the affected land is Old System or other (see IPF). Where Old System land is affected it must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required if the easement is unregistered and the servient tenement or the dominant tenement is Old System land. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Execution: by the grantee or the party with the power to release the easement. A power of attorney must be registered if land is affected. The grantor does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
If the easement is unregistered enter the Locality and the Link Conveyance. Enter a Noting: "Release of unregistered easement [description of easement] dated ...".
CA Not required
Indexing
Locality: required. The situation of the servient tenement and dominant tenement land.
Link Conveyance: required if the easement is unregistered and the servient tenement or dominant tenement is Old System land. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: the registered easement.
Noting: "[description of the easement]".
If the dominant tenement is Old System land: "Land in Link Conveyance is the dominant tenement".
If Old System land is affected and:
- part of the land, state: "part being [affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V:
The servient tenement is Old System land: the grantee, and the party with the power to release the easement, deceased estates or trusts, and any variations thereof.
The servient tenement and the dominant tenement are Old System land: the grantee, and the party with the power to release the easement, deceased estates or trusts, and any variations thereof.
The dominant tenement is Old System land: the grantor and the grantee, and the party with the power to release the easement, deceased estates or trusts, and any variations thereof.
P:
The servient tenement is Old System land: the grantor, deceased estates or trusts, and any variations thereof.
The servient tenement and the dominant tenement are Old System land: the grantor, deceased estates or trusts, and any variations thereof.
The dominant tenement is Old System land: nil.