Transfer releasing easement

Form  01TR (PDF 550 KB)

Dealing type - TR

Stamp duty - required.

Any alteration to the consideration must be marked.

Certificate of Title - required for the dominant tenement.

Not required for the servient tenement.

NOS form - not required.

Standard form of Caveat - prevents registration if noted on the dominant tenement.

Does not prevent registration if noted on the servient tenement.

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

Note  An easement may be released only by the registered proprietor of the dominant tenement, or in the case of an easement in gross, by the statutory authority or prescribed authority having the benefit of the easement.

Minister's consent is required where Crown land restrictions pursuant to s102 Crown Lands Act 1989 are noted on the Register.

The consent of any lessee, mortgagee or chargee of the dominant tenement must be furnished where the lease, mortgage or charge was registered after the easement was created.

A plan fee is payable where the dealing is reliant on a plan annexed.

Suitably modified this form may be used to release a profit à prendre or forestry right. The requirements are similar to those for release of an easement, except that a release of a profit à prendre or forestry right by the Forestry Commission of NSW does not require marking by the Office of State Revenue.

See union of tenements in an easement.

(A) The reference to title for the dominant tenement and the servient tenement must be stated. 

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

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

An easement may be released as regards part of the site of the easement.

(C) The registered number and nature of the easement to be released must be stated.

(D) The full name of the transferor must be stated and must be identical to the name of the registered proprietor of the dominant tenement as shown on the Register or the prescribed authority as shown in the instrument creating an easement in gross.

In the case of a profit prendre or forestry right without a dominant tenement the transferor must be identical to the party with the right to release as shown in the instrument creating the profit à prendre or forestry right.

A mortgagee or chargee in possession may release an easement. The transfer must be accompanied by a statutory declaration stating that the mortgagee or chargee is in exclusive possession of the land.

(E) The consideration is optional.

(F) The full name of the transferee must be stated and must be identical to the name of the registered proprietor of the servient tenement as shown on the Register.

(G) The dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

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

Where the transferor or transferee 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 14 (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.

Where the transferor or transferee 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

A plan annexed to a transfer lodged by a private party must be approved by an Officer from Folio Management Section before accepting the transfer for lodgment.

Where a  release of a profit à prendre or forestry right does not have a  dominant tenement, an inspection of the creating instrument must be made to determine which party has the right to release.

Refer to SM99 except for the following

Refer to SD6

A release of easement involving:

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

Refer to Legal through the Senior Examining Officer

A release of easement where:

  • a chargee in possession is releasing the easement
  • the dominant tenement is Old System land
  • the easement was created otherwise than by registration under the Real Property Act 1900.