An easement is a section of land registered on a property Title which gives you or a third party the right to use that section of land for a specific purpose even though you/they are not the owners of that land. Examples of easements include an Easement to Drain Water, Easement for Services or a Right of Access.
An 88B Instrument is a document that accompanies any new plan for registration where a property easement, right, restriction or covenant is being created (or removed). The 88B Instrument defines the parties that are benefitted and burdened and identifies the terms of the easement, right, restriction or covenant.
A right or easement creation must be by either registration of the appropriate Dealing and Annexures or by the registration of a Deposited Plan and 88B Instrument at the NSW Land Registry Services (LRS).
We can advise the best way to create an easement or right to suit your requirements or the requirements of Council.
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