On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Cancellation of Easement

This page aims to help you complete an electronic Cancellation of Easement dealing form. This dealing is used where the registered proprietor of the dominant tenement no longer requires the benefit of an easement. This form can also be used by a prescribed authority that wishes to cancel an easement in gross. Upon registration of this dealing the subject easement will be released accordingly.

This form can only be completed by a Subscriber representing: 

  • the registered proprietor of the dominant tenement see section 47(6A) Real Property Act 1900 or 
  • for an easement in gross, the prescribed authority.

NOTE:  The creating instrument may include a third party whose consent is required to release the easement. The consent must be uploaded as an attachment.

The consent of a mortgagee, lessee or chargee of the dominant tenement must be uploaded as an attachment. 

NOTE: The applicant must be represented in the workspace for this dealing form. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  • verify their Client’s identity 
  • establish their Client’s right to deal with the land 
  • have a properly completed and executed Client Authorisation form and 
  • retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement. 

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 47(6A) Real Property Act 1900.

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the dominant tenement will prevent the recording of a Cancellation of Easement. A caveat will not prevent registration where the caveat is noted on the servient tenement.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Cancellation of Easement dealing form.

Land Title

Enter the land title reference(s) for the servient tenement.

Participant Details

Party Details – Party Name


Enter the applicant. The applicant must be the registered proprietor of the dominant tenement or prescribed authority for an easement in gross.

Document

Create Document – Select Other Documents.

Select Cancellation of Easement. 

Applicant

Select the applicant.
 
Servient Tenement

Enter the servient tenement.

NOTE: Either the Dominant Tenement data field or Easement in Gross/Prescribed Authority data field must be completed.

Dominant Tenement
 
Enter the dominant tenement if applicable.

Easement in Gross/Prescribed Authority
 
Enter ‘easement in gross’ or the name of the prescribed authority if applicable.

Easement Registration Number Cancelled

Enter the registration number of the easement to be cancelled.

Nature of Easement

Enter the nature of the easement. For example, an easement to drain water, right of carriageway or easement for services.

Cancellation of Easement

Select the following:

  • The applicant, being the registered proprietor of the dominant tenement, applies to have the recording of the easement cancelled as regards the Torrens Title specified, and annexed the consent of any registered lessee, mortgagee or chargee.
  • The applicant, being the prescribed authority, applies to have the recording of the easement cancelled as regards the Torrens Title specified, and annexed the consent of any registered lessee, mortgagee or chargee.

Attachment

Attachment Type – Mortgagee’s Consent/Lessee’s Consent/Supporting Evidence

The consent of any lessee, mortgagee or chargee of the dominant tenement must be attached.

The creating instrument may include a third party whose consent is required to release the easement. The written consent of the party must be attached.

Attachment Type – Approved Forms 

Where the applicant is the owners corporation of a strata scheme, the following certificates are required:

Execution of the certificates must take the form as set out in strata schemes Approved Form 23.

Where the applicant is the association of a community, precinct or neighbourhood scheme, a certificate in the form of Approved Form 21 is required. Execution of the certificate must take the form as set out in community title schemes Approved Form 18.

Attachment Type – Caveator’s Consent 
 
Attach a caveator’s consent if required. 

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

The evidence that the Subscriber is required to retain to support a Cancellation of Easement dealing form may include:

  • a true copy of the duly executed version of the document(s) uploaded as an attachment.  

Other forms of evidence may be acceptable and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

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