Transfer Releasing Easement
This page aims to help you complete an electronic Transfer Releasing Easement dealing form. This form is used to release a registered easement by the registered proprietor of the land having the benefit of the easement.
NOTE: An easement may be released only by the registered proprietor of the dominant tenement, or in the case of an easement in gross, by the prescribed authority having the benefit of the easement. However, the creating instrument may include a third party whose consent is required to release the easement. If a consent is required, it must take the form of a letter attached to the dealing.
NOTE: A Transfer Releasing Easement by a mortgagee or chargee in possession of the dominant tenement or a transfer releasing a profit à prendre or forestry right must be lodged as a Dealing with Exception.
Minister’s consent is required where Crown land restrictions pursuant to section 102 Crown Lands Act 1989 are noted on the Register.
The Crown Lands Act 1989 has been repealed, and the former requirements of section 102 are reflected in sections 3.17, 3.26 and 3.27 Crown Land Management Act 2016.
An easement may be released as regards part of the site of the easement. This must be specified in the 'Nature of Easement' data field, a plan must be attached and reference must be made to the plan and how the part being released is shown in the plan.
NOTE: Both the transferor and the transferee 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
Stamp Duty – required.
Notice of Sale – not required.
Standard Form of Caveat – a caveat noted on the dominant tenement will prevent the recording of a Transfer Releasing Easement. Will not prevent registration if 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 Transfer Releasing Easement dealing form.
Land Title
Enter the land title reference(s) of the servient tenement.
Participant Details
Party Details – Party Name
Select the transferee, being the registered proprietor of the servient tenement.
Enter the registered proprietor of the dominant tenement or the prescribed authority for an easement in gross.
Document
Create Document – Select Other Documents.
Select Transfer Releasing Easement.
Transferee
Select the transferee, being the registered proprietor of the servient tenement.
Transferor
Select the transferor, being the registered proprietor of the dominant tenement or the prescribed authority for an easement in gross.
Consideration (optional)
Enter the consideration.
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
Enter the registration number of the easement.
Nature of Easement
Enter the nature and type of the easement. For example, an easement to drain water, right of carriageway or easement for services. An easement may be released as regards part of the site of the easement. Where part of the site of an easement is being released, a plan must be attached and reference must be made to the plan and how the part being released is shown in the plan. For example, Right of Carriageway to be released as regards the part designated (A) in the attached plan.
Attachment
Attachment Type – Approved Forms
Where the transferor or transferee is the owners corporation of a strata scheme, the following certificates are required:
- strata schemes Approved Form 14 where the owners corporation benefits from the dealing or
- strata schemes Approved Form 13 where the owners corporation is burdened by the dealing and
- strata schemes Approved Form 10 where the initial period is not shown as expired on the common property title.
Execution of the certificates must take the form as set out in strata schemes Approved Form 23.
Where the transferor or transferee 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.
If the Easement being released burdens association property or the whole of a community parcel then an ordinary resolution and a certificate as in Community Title Schemes in Approved Form 40 is required.
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 where the lease, mortgage or charge was registered after the easement was created.
Attachment Type – Caveator’s Consent
Attach a caveator’s consent if required.
Attachment Type – Supporting Evidence
Attach a plan if required.
NOTE: An extra fee is payable where the dealing is reliant on a plan annexed.
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.
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