The Court has the power to modify or wholly or partially extinguish an easement (section 89(1) Conveyancing Act 1919).

Upon lodgment of a Cancellation or Extinguishment of Easement together with a sealed copy of the Court Order, the Registrar General will make the necessary recordings in the Register to give effect to the Court Order. In the case of a partial release, a plan showing the extent of the release may be required as an annexure to the application, or reference made to a deposited plan, to confirm the extent of the extinguishment.

See also Plans annexed to dealings for more information on plan requirements when annexed to dealings.

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

 

Publication Date: January 2025