The terms or the site of an easement may be varied under section 47(5A) Real Property Act 1900. A Variation of Easement form 20EV should be prepared and lodged for registration in NSW LRS. It should contain the terms of the variation and be signed by the registered proprietors of the land benefited and burdened by the easement.

Other parties with a registered estate or interest in either the land benefited or burdened must also sign the Variation of Easement form, or provide written consent to the variation. If the site of an easement is to be varied, the Variation of Easement form should refer to a plan illustrating the varied site. The plan will be either:

• a deposited plan of survey or compilation or
• a compiled plan annexed to the Variation of Easement form

NOTE: A compiled deposited plan or plan annexed to a dealing must comply with the Compiled Plan Guidelines and Plans Annexed to Dealings Guidelines.

Easements created in respect of strata schemes affecting a part of a building may be varied by agreement or Court Order.

A Court Order to modify an easement under section 89 Conveyancing Act 1919 should be lodged with a Modification of Easement form 20EM. See Modification of Easement for more information.

NOTE: A variation of an easement, restriction on the use of land and/or positive covenant cannot be included in a section 88B instrument.

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

 

Publication Date: January 2025