Variation of easement

Form 20EV (PDF 500 KB)

Dealing type - EV

Legislation - s47(5A) Real Property Act 1900

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration where the caveat is noted:

  • on the dominant tenement or
  • on the servient tenement and the variation increases the burden of the easement.

Does not prevent registration where the caveat is noted on the servient tenement and the variation does not increase the burden of the easement.

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

Pursuant to s47(5A) Real Property Act 1900 a registered easement may be varied as regards the terms or site.

Suitably modified this form may be used to vary the terms or site of a profit prendre or forestry right. The requirements are similar to those for a variation of easement.

(A) The references to title for the dominant and servient tenement titles 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) The full name of the registered proprietor of the servient tenement must be stated and be identical to the name as shown on the Torrens Title Register.

(E) The full name of the registered proprietor of the dominant tenement must be stated and be identical to the name as shown on the Torrens Title Register.

 The full name of the prescribed authority must be stated for an easement in gross.

(F) The manner in which the variation is set out must be indicated.

An extra fee is payable for a plan annexed setting out a variation of the site of the easement.

(H) The consent of any registered lessee of either the dominant tenement or the servient tenement must be annexed to the dealing.

(I) and (J) The dealing must be executed by the

  • registered proprietor of the servient tenement and the registered proprietor of the dominant tenement, and
  • any mortgagee, chargee or covenant chargee of either the servient tenement or the dominant tenement,

and be witnessed. It may be executed on their behalf as follows:

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

Where the registered proprietor 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). The following certificates are also required:

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

Where the registered proprietor 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

Where the site of the easement is affected by the variation.

Refer to LEG99 then to SM99.

Where the terms and conditions of the easement are affected by the variation.

Refer to SD31

A variation of an easement involving:

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

Registration procedure

Where the terms of the easement are varied

Folios for the dominant and servient tenements:

TRANSACTION: UNDR

PRIME CODE: Code of easement as shown on the Register

PRIME NUMBER: Number of easement

SUB CODE: UEV

DETAILS: Terms varied