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

Extinguishment of Easement

This page aims to help you complete an electronic Extinguishment of Easement dealing form. This form is used to record the extinguishment of an easement by a Supreme Court Order pursuant to section 89(8) Conveyancing Act 1919.

A sealed copy of the order must be uploaded as an attachment to the dealing.  

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:

  1. verify their Client’s identity 
  2. establish their Client’s right to deal with the land 
  3. have a properly completed and executed Client Authorisation form and 
  4. 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 89(8) Conveyancing Act 1919

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of an Extinguishment of Easement.

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 Extinguishment 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.

Document

Create Document – Select Other Documents.

Select Extinguishment of Easement. 

Applicant

Select the applicant. 

Evidence Date

Enter the date of the Court Order.

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 Extinguished 

Enter the registration number of the easement to be extinguished.

Nature of Easement

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

Extinguishment of Easement

Select one of the following:

  • The applicant applies to have all necessary recordings made in the Register to give effect to the Supreme Court Order, an office copy of which is annexed, wholly extinguishing the easement or
  • The applicant applies to have all necessary recordings made in the Register to give effect to the Supreme Court Order, an office copy of which is annexed, partially extinguishing the easement.

Attachment

Attachment Type – Copy of Order of Court

Attach a sealed copy of the Court Order.

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 an Extinguishment 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