Surrender of easement (Form 10)

A registered easement may be wholly or partly surrendered by registering an instrument of surrender (Land Title Act 1994 (Qld) s 90(1)). The surrender may be signed by the owner (or lessee) of the burdened lot together with the owner of the benefited lot, by the owner or lessee of the benefited lot alone, or by the public utility provider alone for an easement in its favour (s 90(2)). The owner of the burdened land cannot surrender an easement on their own. All registered mortgagees and lessees of the benefited land who receive the benefit of the easement must consent (s 90(3), (4)). Form 10 is the approved instrument; Land Title Practice Manual (LTPM) Part 10 sets out the practice.

When you need it

• An access, drainage or other easement between neighbouring lots is no longer needed and the benefited owner agrees to give it up.
• A public utility provider (for example a local government) is surrendering an easement in gross registered in its favour.
• Part of an easement is being given up and that part can be precisely defined, or is defined by a new survey plan (LTPM [10-2000]).
• A court has ordered an easement be partly or fully extinguished in a way that calls for a Form 10 (LTPM [9-2190]).

1. 1

   Lodger panel and Item 1: the easement

   Complete the lodger details. In Item 1 insert the dealing number of the easement being surrendered. An easement registered while the land was State leasehold may have two numbers: show the freeholding number and the original number in brackets (LTPM [10-4010]).

2. 2

   Item 2: description of easement and land

   Insert the easement description for the burdened lot (for example 'Easement A on SP 123456') and the lot on plan for the benefited lot, with the title reference for both. For an easement in gross, mark the benefited land section 'Not applicable'.

3. 3

   Items 3 and 4: grantor and grantee

   Insert the current registered owner (or lessee) of the burdened lot as grantor, and the current registered owner (or lessee) of the benefited lot as grantee. These may not be the people who originally granted and received the easement.

4. 4

   Item 5: surrender and execution

   Rule through the paragraph that does not apply (full or partial surrender). The grantee signs alone, or the grantor and grantee both sign; the grantor cannot sign alone. Each individual signs in front of a witness listed in Schedule 1 of the Land Title Act 1994 (LTPM [10-4050]).

• Deposit a Form 18 General Consent from every registered mortgagee of the benefited lot and every lessee who receives a benefit from the easement (s 90(3), (4); LTPM [10-2000]).
• Lodgement fees are payable and a duty notation is required (LTPM [10-0000]). Check the current fee with the Titles Queensland fee calculator.
• Lodge by post to Titles Queensland, GPO Box 1401, Brisbane Qld 4001, or through eLodgement if you are a registered industry user.
• For a partial surrender that is not otherwise precisely defined, the area surrendered (or the area remaining) must be shown on a plan of survey; otherwise surrender the whole easement and create a new one (LTPM [10-2000]).

• Get current title searches for both lots to confirm the easement dealing number and to see whether the benefited lot is mortgaged or leased.
• Where the body corporate of a community titles scheme is a party, it must sign under its regulation module and a copy of the resolution must be deposited (LTPM [10-2010]).
• An easement over a registered lease ends automatically when the lease ends (s 90A), so a Form 10 may not be needed for an easement benefiting or burdening an expired lease.