6. Easements:
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6.1 Compliance with Land Title Act:
Plans delineating easements in freehold land must comply with Division 4 of the Land Title Act 1994.
Where an instrument of easement is not lodged together with the plan, the easement description must be prefixed with the designation "proposed".
The purpose of the easement must not be shown on the face of the plan.
Where an easement is to encumber the whole of a lot the use of a plan to describe that easement is not permitted.
6.2 Fully dimensioned:
Easements shall be fully dimensioned, given an area and be defined on a plan of the appropriate format.
Saving that in the case of easements wholly contained within a single level in a building or structure on a Building Format plan and occupying the whole of the vertical extent of that level, easements may be dealt with as required in Direction 9.19. Subject to the requirements of that Direction, they may not need to be dimensioned, but they must be given an area.
6.3 Easements in parts:
Easements may not be in parts other than as permitted in Direction 10.4.
6.4 Unrestricted easements:
Where an easement is to be unrestricted vertically, it shall be defined on a Standard Format plan or, where applicable, may be defined on a Building Format plan provided that the easement is not contained within a structure defined as a building on that plan.
6.5 Easements limited vertically:
Where an easement is to be restricted vertically, it shall be restricted in both height and depth and defined as a volumetric easement on a volumetric format plan in accordance with the requirements of Direction 10.
However, where an easement is restricted by a single continuous horizontal plane in either height or depth or both:
- it may be defined on either a Standard Format plan or, where applicable, may be defined on a Building Format plan;
- the description shall include the word "Restricted"; and
- levels of the existing ground surface at the corners of the easement shall be shown on the face of the plan or by tabulation in terms of the general principles of Direction10.12.5;
- the vertical restriction shall be detailed on the plan with reference to the Australian Height Datum, together with details of the Permanent Mark on which this is based.
However, the provisions of Direction 10.10.6 may be utilised if levels on the Australian Height Datum are not available in the immediate area of the survey.
6.6 Easement occupying the whole vertical extent of a lot:
An easement occupying the whole of the vertical extent of a lot, including restricted, building and volumetric lots or is totally within a single level on a Building Format plan, shall not be described as "restricted".
6.7 Easement as adjoining information:
Where an easement has been registered:
- the easement shall be plotted on the face of the plan; or
- in the case of a volumetric easement, the footprint shall be plotted on the face of the plan; and
- the easement referenced by easement letter and plan number.
6.8 Easements and local government consent:
Section 83(2) of the Land Title Act 1994 requires the plan of survey for easements giving access to a lot from a constructed road to be approved by the local government.
6.9 Description
An easement is a secondary parcel and shall be described in the title block as per Direction 4.8.2.
Easement
in Lot on
Easement may be abbreviated to “Emt” if space is limited.
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Last updated: 16 October 2009