Easements limited in stratum (height/depth)
Where an easement intended to be created pursuant to Section 88B Conveyancing Act 1919 is limited in stratum, additional requirements apply. The reduced levels of the stratum limits of the easement must be related to Australian Height Datum as defined in cl.5 Surveying and Spatial Information Regulation 2012 or such other datum as approved by the Surveyor General see cl.29(4)(b) Conveyancing (General) Regulation 2013. For other approved Height Datums see Australian Height Datums diagram (GIF 19 KB). Surveyors must record the datum used for leveling and establish or place benchmarks for determining height or depth see cls.13 and 62 Surveying and Spatial Information Regulation 2012.
Note 1 Cls.13 and 62 deal with leveling and apply to both compiled and survey plans.
Note 2 It is not acceptable to refer to a physical feature e.g. ..'the underside of eaves'... to define the level of an easement, unless the easement is within a lot in a strata scheme.
Notation on the plan and instrument
In order to clearly indicate that the easement is limited in stratum, to less than the stratum of the lot, reference to the easement in the 'Statements Panel' on the Administration sheet of the plan and in the 'Lots Burdened' and 'Lots Benefited' schedules in the section 88B instrument should be amplified to refer to:
RIGHT OF ACCESS ........... WIDE (LIMITED IN STRATUM)