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

Partial Extinguishment of Restriction on the Use of Land

This page aims to help you complete an electronic Partial Extinguishment of Restriction on the Use of Land dealing form. This form is used to record the partial extinguishment of restriction on the use of land pursuant to an Order from the Supreme Court, see section 89(8) Conveyancing Act 1919.

A restriction on the use of land:

  • created by section 88D or section 88E Conveyancing Act 1919
  • created other than by section 88D or 88E Conveyancing Act 1919 or
  • pursuant to section 5.56 Crown Land Management Act 2016

may be partially extinguished by a Court Order (see section 89(8) Conveyancing Act 1919). The applicant must be the registered proprietor of the burdened land and the date of the Court Order must be stated. 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 a Partial Extinguishment of Restriction on the Use of Land.

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 Partial Extinguishment of Restriction on the Use of Land dealing form.

Land Title

Enter the land title reference(s) for the land burdened by the restriction.

Participant Details

Party Details – Party Name

Select the registered proprietor of the burdened land.

Document

Create Document – Select Other Documents.

Select Partial Extinguishment of Restriction on the Use of Land.

Applicant

Select the registered proprietor of the burdened land.

Evidence Date

Enter the date of the Court Order.

Servient Tenement

Enter the servient tenement.

Dominant Tenement

Enter the dominant tenement if applicable. Leave blank if there is no dominant tenement.

Restriction Registration Number

Enter the registration number of the restriction.

Restriction Description

Enter the restriction description. You must include the restriction number referred to in the section 88B instrument and the accompanying DP reference, where applicable. Enter N/A where this is not applicable.

Partial Extinguishment of Restriction on the Use of Land

Select the following:

  • SECTION 89(8) CONVEYANCING ACT 1919: The applicant, being the registered proprietor of the land, applies to have all necessary recordings made in the Register to give effect to the order of the Supreme Court of New South Wales, a copy of which is annexed, which partially extinguishes the restriction on the use of land.

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 a Partial Extinguishment of Restriction on the Use of Land 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