Extending an existing cross-easement
A plan of survey (for easement purposes) must be lodged to extend an existing cross-easement over a party wall. New cross easements are created over the party wall defined in the plan under Section 88BB Conveyancing Act 1919. The plan must be signed by all affected parties.
An existing cross-easement over a party wall can be extended vertically to accommodate an increase in height of wall due to, for example, the construction of an extra floor in the existing building. A Request (Form 11R) should be lodged to create the new cross easements. A sketch plan should be annexed to the Request depicting the vertical limits of the new wall by reference to Reduced Levels AHD and related to suitable benchmarks in accordance with cls.13 and 62 Surveying and Spatial Information Regulation 2012. The sketch plan should comply with the normal requirements for plans annexed to dealings, but as the horizontal site of the wall remains the same a new plan of survey is not required.
Note 1 A variation in the position of the parcel boundary at different levels constitutes a (stratum) subdivision. A new plan of survey for the entirety of both parcels would be required.
Note 2 Demolition of an existing wall and replacement with a new wall on the same site does not constitute an extension to an existing party wall. A new plan of survey defining the site of the party wall is required and new cross easements under Section 88BB Conveyancing Act 1919 will be created at registration of the plan.