An easement may be released by means of:
- an appropriate dealing registered in NSW LRS (Transfer Releasing Easement, Request, etc.) or
- inclusion in Part 1A of the section 88B instrument lodged with a new deposited plan.
Information is provided below on:
Release by registration of a dealing or by plan in relation to the whole or part of the easement.
Release by abandonment occurs where the Registrar General cancels an easement recorded in the Register on the basis that it has been abandoned.
Release by consolidation of tenements applies where the registration of a plan causes part of the servient tenement to form part of the dominant tenement of an existing easement.
Sunset clauses can expressly limit the operation of an easement until a certain future date.
Extinguishment of the easement by Court Order contains information regarding how to lodge a request to extinguish an easement where so ordered by the Court.
NOTE: Upon resumption of the servient tenement and/or dominant tenement, an easement will be extinguished unless the easement is specifically preserved by the terms of the Government Gazette notice.
NOTE: Where an easement or profit à prendre has been created by a mortgage or lease under the Torrens system, a discharge of the mortgage or a surrender or expiration of the lease will bring the easement or profit à prendre to an end. If the mortgagee forecloses or transfers in exercise of the mortgagee’s power of sale, the easement or profit à prendre will remain appurtenant to the land originally mortgaged.
Publication Date: January 2025