Restriction on the use of land (s88 Conveyancing Act 1919)

Form 13RU (PDF 600 KB)

Dealing type - RU

Legislation - s88 Conveyancing Act 1919

Stamp duty - not required

Certificate of Title - required for the land burdened by the restriction.

NOS form - not required

Standard form of Caveat - prevents registration.

Priority Notice noted on the Register - see Priority Notice page.

A restriction on the use of land may be created:

  • between private parties owning land pursuant to s88 Conveyancing Act 1919; or
  • created on or after 1.1.2006 where the registered proprietor of the land benefited and burdened is one and the same person pursuant to s46A Real Property Act 1900.

The terms of the restriction must be set out in a deed of covenant.

An Owners Corporation of a Strata Scheme may:

  • pursuant to a special resolution, create a restriction on the use of land that burdens common property or the whole parcel.
  • pursuant to a resolution, accept a dealing creating a restriction on the use of land that benefits common property or the whole parcel; or

 (See s34 Strata Schemes Development Act 2015)

The Association of a Community Title Scheme may, pursuant to a unanimous resolution, accept or execute a dealing creating a restriction on the use of land that benefits or burdens community property or the whole of the community parcel, (See s35 Community Land Development Act 1989).

There is no extra fee payable for a plan annexed.

Also see:

(A) The reference to title for the land burdened by the restriction must be stated.

(C) The full name of the applicant must be stated. The applicant may be the registered proprietor of the benefiting or burdened land.

Note  For a restriction on use created on or after 1.1.2006, the registered proprietor of the dominant and servient tenements may be one and the same person, see s46A Real Property Act 2006. The dealing must also be:

  • executed by the mortgagee or chargee of a registered mortgage or charge affecting the benefited or burdened land and
  • accompanied by the written consent of the lessee of a registered lease affecting the benefited or burdened land.

(D) The capacity of the applicant must be indicated. The date of the deed of covenant must be stated. A certified copy of the deed of covenant must be annexed to the dealing. The deed must state:

  • the land gaining benefit from the restriction
  • the land burdened by the restriction
  • the full names of the parties to the deed and
  • the particulars of the restriction.

All parties to the deed of covenant must execute the deed and the signatures must be witnessed.

(E) The dealing must be executed by the applicant1 and be witnessed, or be executed on their behalf by the following:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant1 Tick Tick Tick Tick

1  Where the applicant is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB).  The following certificates are also required:

  • Strata Schemes Approved Form 14 (PDF 8 KB) where the Owners Corporation benefits from the dealing or
  • Strata Schemes Approved Form 13 (PDF 23 KB) where the Owners Corporation is burdened by the dealing and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

Where the applicant or registered proprietor is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB).  A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc. 

(F)  The full name of any lessee, mortgagee, chargee or covenant chargee of a registered lease, mortgage, charge or covenant charge who agrees to be bound by the restriction and the registered number of the lease, mortgage, charge or covenant charge must be stated.

The consent, if given, must be executed by the lessee etc and be witnessed, or be executed on their behalf by the following:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Lessee etc Tick Tick Tick Tick

Note  The absence of consent is not to be the subject of a requisition.

See execution requirements for companies, witnesses etc. 

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [490.100].

Staff processing information

Where the certificate of title for the dominant or servient tenement has been produced marginally note the dealing [reference to title] produced by [producing party] on [production date] to enable registration of this easement.

The dealing does not require referral to SM99 and may be registered if in order.

If in order proceed with registration except for the following.

Refer to SD31

A restriction:

  • involving an Aboriginal Association or corporation,
  • involving the NSW/Local Aboriginal Land Council,
  • involving a Crown land tenure Perpetual Lease,
  • pursuant to s77A or77B Crown Lands Act 1989.

Registration procedure

TRANSACTION    ON

PRIME CODE    RU

                      REUA - restriction on the use of land pursuant to s77A Crown Lands Act 1989

                      REUB - restriction on the use (prevention of subdivision), see s77B Crown Lands Act 1989