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

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.