Extinguishment of a party wall

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 (PDF 131 KB) accompanied by suitable evidence (statutory declaration etc) confirming the status of the wall (demolished, 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.