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

Transfer of Easement in Gross

This page aims to help you complete an electronic Transfer of Easement in Gross dealing form. An easement in gross, is an easement which does not benefit land but rather benefits a statutory authority or a prescribed authority under section 88A Conveyancing Act 1919. This form is used to transfer a statutory easement in gross from one prescribed authority to another.

Refer to the following for:

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:

  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 47(5) Real Property Act 1900.

Stamp Duty – required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat recorded against the easement will prevent the recording of a Transfer of Easement in Gross. A caveat will not prevent registration where the caveat is recorded against the 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 Transfer of Easement in Gross dealing form.

Land Title

Enter the land title reference(s) affected by the easement in gross being transferred.

Participant Details

Party Details – Party Name

Enter the transferor. The transferor must be identical to the name of the prescribed authority gaining the benefit from the easement as shown in the instrument creating the easement in gross.
 
Enter the transferee. The transferee must be a  prescribed authority under section 88A Conveyancing Act 1919.

Document

Create Document – Select Other Documents.

Select Transfer of Easement in Gross.

Transferee

Select the transferee.

Transferor

Select the transferor.

Consideration (optional)

Consideration Type

Select one of the following consideration types:

  • With monetary consideration - where a transfer involves payment of monies.
  • Without monetary consideration and as regards a deed of partition - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of partition.
  • Without monetary consideration and as regards a deed of assignment - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of assignment.
  • Without monetary consideration and as regards a court order - where a transfer does not involve payment of monies and satisfies the conditions set out in a Court Order.
  • Without monetary consideration and as regards an intergenerational assignment - where a transfer does not involve payment of monies and satisfies the conditions of an intergenerational assignment.
  • Without monetary consideration and a change in manner of holding - where a transfer does not involve payment of monies and alters the names, tenancy and/or shares of the registered proprietors.

Gross Consideration Amount

Enter the consideration amount where the transfer is with monetary consideration.

Consideration Details

Enter the consideration details where the transfer is without monetary consideration.

Easement in Gross Number

Enter the number of the deposited plan or registered dealing which created the easement in gross.

Description of Easement

Enter the description of the easement as it appears on the deposited plan or in the registered dealing.

Attachment

Attachment Type – Caveator’s Consent

Attach a caveator’s consent if required.

Attachment Type – Minister’s Consent

Minister’s consent must be attached where a Crown land restriction pursuant to section 102 Crown Lands Act 1989 is noted on the Register.

The Crown Lands Act 1989 has been repealed, the former requirements of section 102 are reflected in sections 3.17, 3.26 and 3.27 Crown Land Management Act 2016.

Attachment Type - Supporting Evidence (optional)

The written consent of a registered lessee or mortgagee of lease affecting the servient tenement is required in accordance with section 5.48 and with the exceptions set out in section 5.49 Crown Land Management Act 2016.

Attach any supporting evidence which may include the vesting chain or change of name evidence of a prescribed authority to justify a discrepancy between the original statutory easement and the transferor.

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 Transfer of Easement in Gross 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