Creating an easement

Easements are interests in land that allow a person – usually the owner of specified land or a public authority – to use land which they do not own for a specific purpose such as access, right of way, drainage or water supply.

Creating an easement for a shared path, right-of-way (ROW), public access

The following document(s) must be provided to council for its written approval, prior to lodging the s88B instrument for the shared path and right-of-way (ROW) easement:

  1. Complete council’s lodgement form - Section 88B lodgement form for creating easement
  2. Attach Land Registry Services (LRS)’s registrable form of the instrument creating the public access easement duly executed by the registered proprietor of the land and all persons required by the Registrar-General to sign such instrument. The type of form to fill in for land registry services depends on the method you wish to create the easement for.
  3. Attach the written consent of such persons as required by the Registrar-General to give consent to the registration of the easement.

Information you need to know

  1. The shared path ROW public access easement is registered when a deposited plan and accompanying instrument under s88B of the Conveyancing Act 1919 or a transfer granting easement has been registered with the Registrar-General on the title to the land creating the right-of-way public easement.
  2. The applicant or landowner is to do all things reasonably necessary to enable registration of the relevant instrument to occur, including attending to any steps required in electronic form.
  3. For details on preparing the registrable form of the instrument, visit the Land Registry Services (LRS) webpage on how to create an easement via a deposited plan as part of a subdivision or consolidation.
  4. The site of the easement must be indicated in either a drawing or map annexed to the transfer or a deposited plan. It must be:
    • at A4 size (reduced size copy of the plan is not acceptable),
    • to scale,
    • in black and white (no colour shadings),
    • with lot and DP number(s),
    • showing a north point, street name(s), the property boundary, building outline, and
    • showing the location and dimension(s) of the set-back or the portion of the shared path or right-of-way
              For more information see LRS's general plan requirements page.
  5. Review the specific wording for the terms of Right-of-way public access easement to be included in the s88B instrument.
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