The Registrar General may cancel an easement recorded in the Register on the basis that it has been abandoned. An easement may be treated as abandoned if the Registrar General is satisfied that it has not been used for at least 20 years. See sections 49(1) and (2) Real Property Act 1900.

An application for cancellation due to abandonment must be made on a Cancellation of Recording of Abandoned Easement form 20EA and be supported by statutory declarations from the applicant and as many disinterested witnesses as practicable as to the non-use of the easement.

Please see Cancellation of recording of abandoned easement for further information.

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

 

Publication Date: January 2025