Cancellation or extinguishment of easement

Form 20ECE (PDF 650 KB)

Dealing type - EC

Legislation

s47(6A) Real Property Act 1900 (cancellation)

s89(8) Conveyancing Act 1919 (extinguishment)

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration of a cancellation of easement where the caveat is noted on the dominant tenement.

Does not prevent registration of:

  • a cancellation of easement where the caveat is noted on the servient tenement; or
  • an extinguishment of easement by Order of Court.

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

An easement may be:

  • cancelled pursuant to s47(6A) Real Property Act 1900 by the proprietor of the dominant tenement. An easement in gross may be cancelled by the proprietor of the easement or
  • extinguished pursuant to s89(8) Conveyancing Act 1919 by Order of the Supreme Court.

Suitably modified this form may be used to cancel or extinguish a profit à prendre or forestry right. The requirements are similar to those for cancellation or extinguishment of an easement.

(A) The references to title for the dominant and servient tenements must be stated.  

For an easement in gross the dominant tenement panel must be completed with the name of the relevant statutory authority or the words 'easement in gross'.

Note  An easement in gross does not have a dominant tenement.

(B) The registered number and nature of the easement must be stated.

(D)  Cancellation  the applicant must be the registered proprietor of the dominant tenement or the prescribed authority for an easement in gross. The full name of the applicant must be stated and be identical to the name as shown on the Torrens Title Register.

Extinguishment  the full name of the applicant must be stated.

(E) Cancellation  the consent of any lessee, mortgagee or chargee of the dominant tenement must be annexed to the dealing where the lease, mortgage or charge was registered after the easement was created.

Extinguishment  the date of the Order of the Supreme Court must be stated. An office copy of the Order must be annexed to the dealing.

The extent of the extinguishment, i.e. whole or part, must be stated. An extra fee is payable for a plan annexed to the dealing.

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

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Cross Tick Cross

Where the applicant is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB).  In the case of a cancellation,the following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB) 
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title. 

Where the applicant is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB).  A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc. pages

Staff processing information

Refer to SM99 except for the following:

Refer to SD31

Cancellation or modification of an easement involving:

  • an Aboriginal Association or corporation
  • the NSW/Local Aboriginal Land Council.