Strata Schemes Approved Form 13 (PDF 23 KB).In the case of a cancellation,the following certificates are also required: 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).
(F) The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows: An extra fee is payable for a plan annexed to the dealing. An office copy of the Order must be annexed to the dealing. (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.Įxtinguishment the date of the Order of the Supreme Court must be stated.
The full name of the applicant must be stated and be identical to the name as shown on the Torrens Title Register.Įxtinguishment the full name of the applicant 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. (B) The registered number and nature of the easement must be stated. Note An easement in gross does not have a dominant tenement. (A) The references to title for the dominant and servient tenements must be stated.įor 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'. The requirements are similar to those for cancellation or extinguishment of an easement. Suitably modified this form may be used to cancel or extinguish a profit à prendre or forestry right. If a consent is required it may take the form of a letter lodged with the dealing or the third party may endorse the dealing.Īn easement may be extinguished pursuant to s89(8) Conveyancing Act 1919 by Order of the Supreme Court. Note : The creating instrument may include a third party whose consent is required to release the easement. An easement in gross may be cancelled by the proprietor of the easement. Priority Notice noted on the Register - see Priority Notice page.Īn easement may be cancelled pursuant to s47(6A) Real Property Act 1900 by the proprietor of the dominant tenement.
Standard form of Caveat - prevents registration of a cancellation of easement where the caveat is noted on the dominant tenement. S89(8) Conveyancing Act 1919 (extinguishment) S47(6A) Real Property Act 1900 (cancellation)