Partial release or extinguishment of restriction on the use of land

Form  13EU (PDF 650 KB)

Dealing type - EU

Legislation

s88 Conveyancing Act 1919

s89(8) Conveyancing Act 1919 (extinguishment)

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - does not prevent registration.

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

An Owners Corporation of a Strata Scheme may:

  • pursuant to a resolution, accept a dealing releasing a restriction on the use of land burdens common property or the whole parcel: or
  • pursuant to a special resolution, release a restriction on the use of the land that benefits common property or the whole parcel.

(See s34 Strata Schemes Development Act 2015)   

The Association of a Community Title Scheme may, pursuant to a unanimous resolution, release a restriction on the use of land that benefits, or accept a dealing releasing a restriction on the use of land that burdens, community property or the whole of the community parcel (See s35 Community Land Development Act 1989).

An additional fee is payable for the partial release or extinguishment of each restriction created by a separate s88B instrument, i.e. different deposited plan numbers.

There is no extra fee payable for a plan annexed.

Release or extinguishment of a restriction created pursuant to s88 Conveyancing Act 1919

A restriction on the use of land may be:

  • partially released by a deed of release
  • partially released by an agreement in writing between the parties or
  • partially extinguished by an Order from the Supreme Court, see s89(8) Conveyancing Act 1919.

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

(C) The registered number of the restriction must be stated.

(D) The full name of the applicant must be stated.

Release  the applicant must be a party to the deed of release or agreement

Extinguishment  the applicant must be the registered proprietor of the burdened land.

(E)

1. Release (s88) the inappropriate clause must be deleted and verified. The date of a deed of release must be stated. A certified copy of the deed of release or the agreement must be annexed to the dealing.

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

Note  Any requirement for the written consent of any lessee, mortgagee or chargee against whom the restriction is enforceable, will be determined by LPI.

(F) Release  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 Tick Tick Tick

For further execution requirements for companies, witnesses etc.

 Where the applicant or 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 Forrm14 (PDF 8 KB) where the Owners Corporation benefits from the dealing or
  • Strata Schemes Approved Form 13 (PDF 23 KB) where the Owners Corporation is burdened by the dealing and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title. 

(F) Extinguishment  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

Where the applicant is the Owners Corporation of a strata scheme, execution must take the form as set out in Approved Form 23.

Where the applicant or 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.

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [396.340].

Staff processing information

In all cases, refer to LEG99 then to SM99.