Cancellation of easement by happening of agreed event

An easement may be cancelled if, in the terms of the grant of easement, the duration of the easement was limited:

  • for a definite time
  • until a certain event occurred, e.g. demolition of a building or
  • for as long as certain conditions are observed, e.g. the site is kept in a particular state of repair,

and statutory evidence of the happening of the agreed event is furnished.  The registered proprietor of the servient tenement may lodge a Request form 11R (PDF 150 KB) to cancel the easement. The dealing does not require marking by Revenue NSW. The certificates of title for both the dominant and servient tenements are required.  See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [145.500].

Staff processing information

Refer to LEG99 then to SM99.