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 implied release

Pursuant to s32(6) Real Property Act 1900 an easement may be cancelled where evidence is furnished to show that altered circumstances imply a release of the easement, e.g. where a building having the benefit of an easement is demolished.

The registered proprietor of the servient land may lodge a Request form 11R to cancel the easement. The appropriate evidence is required and NSW LRS may serve notice on the dominant owner to verify the claim. The dealing does not require marking by Revenue NSW. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [145.450].

Staff processing information

Refer to LEG99 then to SM99.