Transfer granting easement over own land

Form  01TO (PDF 1200 KB)

Dealing type - TO

Legislation - s46A Real Property Act 1900

Stamp duty - not required.

Certificate of Title - required for the dominant tenement (i.e. the land benefited) and servient tenement (i.e. the land burdened) of an easement.

Required for the land burdened by a profit à prendre, forestry right or restriction on the use of land.

Not required for the land benefitting from a profit à prendre or forestry right.

NOS form - not required.

Standard form of Caveat -  prevents registration if noted on the servient tenement. Does not prevent registration if noted on the dominant tenement.

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

This dealing form may be used to create an:

  • easement
  • profit à prendre
  • forestry right or
  • restriction on the use of land,

where the dominant tenement (land benefited) and servient tenement (land burdened) are Torrens Title and are held by the same registered proprietor.

Minister's consent is required:

  • where a Crown land restriction pursuant to s102 Crown Lands Act 1989 is noted on the servient tenement title or
  • for an easement where the servient tenement is land in a Crown Land perpetual lease and the land is dedicated as State Forest, see s20A Forestry Act 1916.

Written consent of the lessee of a registered lease affecting the dominant tenement or servient tenement is required.

An extra fee is payable where the dealing is reliant on a plan annexedNote  A full plan of survey and s88B instrument must be lodged to create the easement/profit à prendre/forestry right/restriction on the use of land if the affected site does not have boundaries parallel or perpendicular to the parcel boundaries.

Also see:

(A) The reference to title for the servient tenement and the dominant tenement must be stated.

(C) The full name of the registered proprietor must be stated and must be identical to the name of the registered proprietor of the dominant tenement and the servient tenement as shown on the Register.

(D) The particulars of the easement/profit à prendre/forestry right/restriction on the use of land must be stated.

Where creating an easement the description must:

  • state the type of easement, and
  • state how the easement site is described/designated in the plan showing the site, and
  • make reference to the plan showing the site, (i.e. 'DP...' or 'plan annexed to dealing), and
  • refer to any annexure setting out the terms and conditions related to the easement.

(E) The registered number, reference to title, type of instrument and name of the mortgagee, chargee or covenant chargee must be stated for all mortgages, charges or covenant charges affecting the dominant and/or servient tenement titles.

(F) The inappropriate items must be deleted and verified.

(G) The transfer must be executed by the registered proprietor and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed.

Note  A solicitor, barrister or licensed conveyancer cannot execute on behalf of the registered proprietor.

The transfer must be executed by the mortgagee or chargee and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed
  • solicitor or barrister
  • licensed conveyancer.

See execution requirements for companies, witnesses etc pages.

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/profit à prendre/forestry right/restriction on the use of land.'

A plan annexed to a transfer lodged by a private party must be approved by an Officer from Folio Management Section before accepting the transfer for lodgment.

Refer to SM99 except for the following.

Refer to SD31

An easement involving:

  • an Aboriginal Association or corporation
  • the NSW/Local Aboriginal Land Council.

Refer to Legal through the Senior Examining Officer

A transfer granting easement with unusual features.