Application for Extinguishment/Variation of Easement (VE)

Section 90B of the Real Property Act 1886 (SA) lets the Registrar-General, on application in an approved form by the owner of the dominant or servient land, vary the position or extent of an easement, extend its appurtenance to other land of the dominant owner, or extinguish it (s 90B(1)). The application must be made by, or have the written consent of, both the dominant and servient owners and everyone who appears on the Register Book to have or claim an interest in either parcel (s 90B(2)). The Registrar-General can dispense with some consents, after notice and 28 days for owners, if their interests will not be detrimentally affected (s 90B(3), (3a)). An easement that was a requirement of a planning approval for a land division cannot be varied or extinguished without the consent of the Development Assessment Commission (s 90B(9)); the guidance notes call this State Commission Assessment Panel (SCAP) consent. Form VE can also be used under section 41 of the Roads (Opening and Closing) Act 1991.

When you need it

• A right of way, drainage or service easement is no longer needed and the owners agree to extinguish it.
• The easement needs to move to a new position or change in size.
• The dominant owner wants an existing easement to benefit additional land they own.

1. 1

   Heading

   Strike through the Act and section that do not apply (section 90B of the Real Property Act 1886 or section 41 of the Roads (Opening and Closing) Act 1991).

2. 2

   Land descriptions and proprietors

   Describe the servient and dominant land by title, for example 'Whole of the land in CT Volume ... Folio ...', or precisely if not under the Act (such as 'Allotment 4 in DP 4236'). Give the full name and address of each proprietor.

3. 3

   Consideration and the existing easement

   State the consideration in words and figures. Describe the easement exactly as currently recorded, for example 'an easement for drainage purposes over the land marked C on FP 12121 (TG 9876543)'.

4. 4

   Operative clause

   Strike through the options that do not apply and complete the one you need with enough detail, for example vary 'to the position of F on FP 34568' or extend 'to the whole of Allotment 12 in DP 33489'.

5. 5

   Planning consent, other consents and certification

   Complete the State Commission Assessment Panel (SCAP) consent where required. Each registered interest holder of the dominant or servient land signs a consent before an adult witness who is not a party (s 267), striking through extinguishment or variation as needed. Complete the certification for the dominant and servient proprietors (s 273).

• The VE must be assessed for stamp duty before it is lodged with Land Services SA.
• Varying an easement needs a filed plan to be lodged; extinguishing one needs no plan.
• Paper documents are lodged at Land Services SA, Level 9, 101 Grenfell Street, Adelaide, through the Face to Face or Drop and Go service. A lodgement fee and any new title fees apply; check the current fees page.
• Complete the new title instructions for every title that will issue, and number every page consecutively.

• SCAP consent is needed where either parcel's titles issued from a plan with planning consent and the easement is shown on that plan, whether or not the easement was a requirement of the plan.
• If a proprietor's or consenting party's name has changed, lodge an application to note the change of name first.
• For waiving consents, the guidance notes point to Notices to Lodging Parties Nos 103, 140 and 162.