Transfer including easement

Form  01TE (PDF 150 KB)

Dealing type - TE

Stamp duty - required.  The number of title references indicated as marked by Revenue NSW must agree with Note (A).

Any alteration to the title reference, to the estate being from leasehold to fee simple, tenancy, interest/share, consideration, or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party may be ignored.  The addition of a name must be marked.

Not required where a change in estate is to a lesser estate.

Certificate of Title - required for the land being transferred. Required for the servient tenement.

NOS form - required.  Panels 1, 2, 3, 4 and 5 require completion. Ignore 3A and 4 if the transfer is not for value.

Standard form of Caveat - prevents registration if noted on the land being transferred. Prevents registration if noted on the servient tenement.

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

Requirements are the same as for a standard transfer, together with the following.

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
  • the easement burdens the land in a Crown Land perpetual lease and the land is dedicated as State Forest, see s20A Forestry Act 1916.

The consent of the lessee of a registered lease affecting the servient tenement of the easement is required.

Suitably modified this form may be used for the creation of an easement and the recording of a covenant. The dealing is a multiple instrument.

Suitably modified this form may be used for reserving an easement where the dominant tenement is Old System land. An easement cannot be registered under the Real Property Act 1900 where the servient tenement is Old System land.

A plan fee is payable where the dealing is reliant on a plan annexed.

For:

  • common forms of easement.
  • easements generally and see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [140.100].
  • a transfer reserving an easement to let down surface, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [345.400].

(A) The reference to title for the land being transferred must be stated.

For a transfer reserving an easement in gross

(B) The references to title for the servient tenement and the dominant tenement must be stated.

(D) The full name of the transferor must be stated.

Where an easement is being granted the transferor must be the registered proprietor of the servient tenement.

Where an easement is being reserved the transferor must be the registered proprietor of the dominant tenement.

(F) The inappropriate clause must be deleted and verified. The information must be consistent with the information supplied at Note (B) and Note (K).

(H) The full name of the transferee must be stated.

Where an easement is being granted the transferee must be the registered proprietor of the dominant tenement.

Where an easement is being reserved the transferee must be the registered proprietor of the servient tenement.

(J) Where the transferee benefits from the easement: the dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferor Tick Cross Tick Cross
Transferee Tick Tick Tick Tick

Where the transferee is burdened by the easement: the dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferor Tick Cross Tick Cross
Transferee Tick Cross Tick Cross

Where the transferor or transferee 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 13 (PDF 23 KB) 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 transferor or transferee 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 pages.

(K) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.

(L) Any easement granted must be described in Schedule One. Any easement reserved must be described in Schedule Two. All parties must sign directly below the details of the easement.

The description of the easement 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. 

Note  A solicitor, barrister or licensed conveyancer cannot sign on behalf of a party burdened by the easement.

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'.

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.

A transfer reserving an easement appurtenant to the land of a third party is a multiple instrument and must be referred to the Administrative Officer (Practice) DRD2 through the Senior Examining Officer for approval.

Refer to SM99 except for the following.

Refer to SD31

A transfer including easement involving:

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

Refer to Legal through the Senior Examining Officer

A transfer and/or grant of easement:

  • including an easement with unusual features
  • by a Local Council of or affecting a public place, cemetery, or land that is subject to a trust
  • in favour of a company in liquidation.