Easements and restrictions

For information regarding the definition of easement sites within Strata Plans please refer to the Registrar General's Directions for Strata Schemes.

General principles relating to the creation of easements and restrictions.

Creating new easements either by a dealing or by a Section 88B instrument lodged with a new plan.
Variation of easements the terms or the site of an easement may be varied.
Extinguishment of easements may be by means of an appropriate dealing, registered in LPI, or as part of a following plan of subdivision.
Section 88B instruments are the part of a DP which upon registration creates easements, profit a prendre, restrictions on use of land, and positive covenants, releases easements and profits prendre.
Definition on a plan new easements should be identified on the face of the plan.
Easements limited in stratum (height/depth) where an easement intended to be created pursuant to section 88B Conveyancing Act 1919 is limited in height or depth, additional requirements apply.
Cross easements a party wall has different meanings according to the relevant statute or provision.
Easements for physical structures where an easement is to be created over an existing physical structure that is not readily visible it is sufficient to indicate the site of the easement by a single broken line (appropriately designated) in the approximate position on the plan.
Easement over a track in use an easement over a track in use is created as a Right of Carriage Way, or Right of Way or Easement for Access.
Easements and restrictions for burial grounds it was once a common practice for members of a farming/grazing family to be buried in a private cemetery located on the property.
Easements affecting Community Schemes a simple procedure is provided in s.36 Community Land Development Act 1989.
Easements affecting Limited Torrens Title the site of the easement must be defined by survey unless an exemption is obtained from the LPI Plan and Title Advisor.
Easement sites shown in early deposited plans prior to 1964 many older deposited plans also contained easement sites.
Easements and positive covenants created over roads a road authority or Crown Lands Division under the Roads Act 1993 may grant an easement over a public road or Crown road respectively in a new deposited plan.
Easements involving Crown land including easements in gross, involving prescribed Crown land may be created in the usual manner.
Positive covenants include public positive covenants, forestry covenants and covenants for maintenance / repair or for bushfire hazard reduction.
Profit prendre is a right to take from the land owned by another person part of the natural produce grown on that land or part of the soil, earth or rock comprising the land.
Forestry rights is defined as an interest in land in which the person having benefit is entitled to enter the land, establish maintain and harvest a crop of trees and construct and use buildings, works and facilities.
Enviromental and Conservation Agreements (including Native Title Vegetation Restrictions etc) are agreements between the proprietors of a parcel of land and a Government Agency (NPWS etc) to restrict the use of land to protect it's environmental and/or heritage values.

 

For more information for Plans and Titling contact E: plan-info@lpi.nsw.gov.au

 

Go to NSW Legislation website www.legislation.nsw.gov.au/