An easement may be expressly released by:
- The registration of a Transfer Releasing Easement form O1TR (PDF 575 KB) under s.47(6) Real Property Act 1900. The easement may be released wholly or in part. In respect of Old System land an express release may be by deed.
Note 1 Where an easement affects Torrens title land and was created by an Old System deed, it may also be released by a transfer.
Note 2 Where the dominant tenement is Old System land, the common law releasor will have to be established prior to registration of a transfer.
- The registration of an application by the dominant tenement to cancel the recording of an easement under s.47(6A) Real Property Act 1900.
- The registration of a deposited plan and section 88B instrument, containing Part 1A, which details the easement or profit à prendre intended to be released.
Note The provisions under s.88B Conveyancing Act 1919 covering release of easements and profits à prendre do not extend to releasing restrictions on the use of land or positive covenants.
Release of a 'Right of Support for Land'
The common law of negligence 'duty of care' in relation to the right of support for land may be expressly released (see s.177(5) Conveyancing Act 1919). An instrument purporting to create an easement for the removal of support should adopt the expression in Part 15, Schedule 8 Conveyancing Act 1919 (see s.181A(2A) Conveyancing Act 1919)