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 to cancel the easement. The dealing does not require marking by Revenue NSW. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [145.500].

Staff processing information

Refer to LEG99 then to SM99.