Unlike an easement which may only be released by the registration of an appropriate dealing or inclusion in Part 1A of a section 88B instrument, a party wall is extinguished in law when the wall is physically demolished, and/or no longer supplies support for the adjoining buildings.

However, the notification on the titles relating to the cross-easements will only be deleted on receipt of an appropriate Request form 11R accompanied by a statutory declaration from the surveyor or solicitor or the registered proprietor confirming the status of the wall (whether it has been demolished, or is non-supporting, etc.).

NOTE: A new deposited plan of survey that redefines the parcel boundary and indicates that a new or replacement party wall has now been constructed will have the effect of replacing the existing cross-easement notification on the title with a new notification relating to the party wall defined in the new plan.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/

 

Publication Date: January 2025