Easements created by statute
Various legislation include provisions whereby easements are created automatically without a specific dealing or s.88B Instrument. These include:
Cross-easements for party walls
s.88BB and s.181B Conveyancing Act 1919 and s.48 Real Property Act 1900
Cross-easements for party walls may, under particular circumstances, be created pursuant to the above legislation either on registration of the plan or on lodgment of a transfer or request.
Community Land Development Act 1989
A statutory easement may be created for the passage of water, sewerage, drainage, gas, electricity and other services within a community or neighbourhood scheme. Such easements are created under s.36 Community Land Development Act 1989 by their inclusion in the by-laws set out in the Management Statement of the scheme. The sites of these easements are shown in a 'Service Works As Executed' diagram included in the statement.
Crown Lands Act 1989
Easements may be provided over Crown land and land dedicated for a public purpose (other than land comprised in a perpetual lease or land reserved as a State Recreation area). Section 59 Crown Lands Act 1989 empowers the Registrar General to make recordings in the Register in regard to the creation of such easements.
Pipelines Act 1967
Under special state and federal legislation easements may be created for the conveyance of natural gas, oil and other substances through major pipelines.
Section 20 Pipelines Act 1967 requires a plan to be lodged showing any lands to be resumed and/or any easements to be created in relation to the pipeline. Section 21 Pipelines Act 1967 requires a notification to be published in the Government Gazette and an application made pursuant to s.46C Real Property Act 1900.
Upon registration of the plan a notification will be entered on all relevant Torrens titles. Following gazettal, the relevant authority will lodge a Request form 11R (PDF 131 KB) to have the easements entered on title, whereupon the plan notification will be removed.
Strata Schemes legislation
Where part of a building is to be included in a freehold or leasehold strata scheme, the registration of the strata plan creating the part strata parcel automatically creates statutory easements for support and shelter [see section 63 Strata Schemes Development Act 2015]. These easements apply for the benefit of both the part strata parcel and all other lots in the building.