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Information Bulletin No 71 September 2001 Removal of Obsolete Restrictive Covenants from Title Introduction The Real Property Amendment Act 1998, which commenced on 2 November 1998, permits the Registrar.

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How to fill out the How To Remove A Covenant On A Property Nsw online

Removing a restrictive covenant from your property in New South Wales can seem challenging, but this guide is here to assist you step-by-step. Follow the detailed instructions below to complete the How To Remove A Covenant On A Property Nsw form effortlessly.

Follow the steps to complete the form successfully

  1. Press the ‘Get Form’ button to obtain the form and open it in your preferred online editor.
  2. Carefully review the form to ensure you understand each section. The application should identify the specific covenant you wish to extinguish, typically by its clause number or referenced terms from the original document.
  3. Fill out your personal details as the applicant, including your name, address, and contact information. If you have a solicitor or licensed conveyancer assisting you, include their details as well.
  4. In the section regarding the restrictive covenant, clearly specify the type of covenant you are applying to extinguish. These could include building materials covenants, fencing covenants, or value of structures covenants.
  5. Attach any required evidence such as title searches, property addresses burdened and benefited by the covenant, and contact information for notified parties as required under section 81D.
  6. Sign the application form either personally or by your representative. Ensure all required signatures are included as incomplete forms may delay the process.
  7. Review the form for completeness and accuracy before submission. Once satisfied, you can proceed to save your changes, download, print, or share the form as necessary.

Complete necessary documents online to expedite your property matters today.

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Depending on the circumstances and how the easement was created, it is generally the responsibility of the dominant tenement to maintain the easement site in the same way they would manage the rest of the attached land. There is generally no obligation for the servient tenement to maintain the right of carriageway.

Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes "substantial" or "material" interference.

For an easement to be extinguished or modified, it must be proved that it would not substantially injure the persons entitled to the covenant or easement. For example, removal or a proposed modification may not substantially injure parties if it is rendered obsolete or no longer has a practical utility.

You may apply to the Registrar-General to extinguish a covenant under section 81A of the Real Property Act 1900 s if the covenant: Relates to building materials, fencing and/or the value of structures; and. Has been in effect for 12 or more years.

Extinguishment of easements Register a 'Transfer releasing easement' document to the NSW Land Registry Services; If the easement has been abandoned, the Registrar General may cancel the easement; The land of the dominant and servient tenement has been consolidated into a single parcel of land;

To do this, you'll need to apply to remove the restrictive covenant. An application to remove or modify the restrictive covenant can take between 18 and 24 months to go through. If the party controlling the covenant can still enforce the ruling, consider negotiation, but be prepared for them to want compensation.

Easements generally give someone the right to access and use land while the legal title or ownership of the land remains with its owner. An easement does not grant ownership of the land.

A positive covenant may be imposed requiring the maintenance and/or repair of the site of a new or existing easement (or the land subject to the burden of an easement) by either the dominant tenement (land benefited) and/or servient tenement (land burdened) of that easement see s. 88BA(1) Conveyancing Act 1919.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232