Extinguishment of obsolete restrictive covenant

Form 13RCE (PDF 100 KB)

Dealing type - EO

Legislation - s81A Real Property Act 1900

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration where Item 6 in Schedule 2 of the caveat has been selected.

Priority Notice noted on the Register - see Priority Notice page.

Pursuant to s81A Real Property Act 1900, a restrictive covenant involving building materials, fencing and/or the value of structures that has been in effect for 12 years or more may be extinguished by the registered proprietor of the servient tenement. Notices are prepared by LPI's Legal Division and sent to all parties with an interest in the covenant, e.g. the proprietor of the dominant tenement. An interested party may lodge a caveat to prevent registration of the extinguishment.

A Request for Extinguishment of obsolete restrictive covenant  (form 11R) must be lodged where the restrictive covenant is extinguished pursuant to s81J Real Property Act 1900.

(A) The reference to title for the land burdened by the covenant must be stated.

(C) The full name of the applicant must be stated. The applicant must be the registered proprietor of the burdened land.

(D) The registered number of the dealing or deposited plan creating the covenant must be stated. The clause number containing the covenant must be stated.

The inappropriate terms must be deleted and verified. The covenant to be extinguished must be adequately described.

Additional fees assessed by LPI may be payable before registration. The undertaking to pay additional fees must not be deleted.

(E) The type and details of documents lodged as evidence must be stated. The clearly numbered evidence must be annexed to the dealing.

For s81A Real Property Act 1900 the evidence must include:

  • a title search that identifies the land benefiting from the covenant
  • the addresses of the land benefited and burdened by the covenant
  • the full names and addresses of:
    • any person with a registered interest in the land benefiting from the covenant; and
    • any person with the right or required to consent to the release or variation of the covenant and
  • a statutory declaration stating the facts and circumstances under which the covenant has lost any practical value after 12 years of its operation.

Further evidence may be required by LPI.

For more information and evidence requirements as regards s81J Real Property Act 1919, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.100].

(F) The dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Registered Proprietor Tick Tick Tick Tick

See execution requirements for companies, witnesses etc. 

For extinguishment pursuant to s81A Real Property Act 1900, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.500].

For extinguishment pursuant to s81J Real Property Act 1900, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [493.850].

Staff processing information

Refer to Legal through the Senior Examining Officer.

Registration procedure

Proceed with registration as directed.

TRANSACTION    OFF

PRIME CODE    code of covenant as shown on the Register

PRIME NO.    number of covenant