New South Wales Repealed Regulations

This legislation has been repealed.

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) REGULATION 2007 - REG 23

23 Indication of creation of easement

(1) If a plan is intended, on registration, to create an easement, profit à prendre, restriction or positive covenant pursuant to section 88B of the Conveyancing Act 1919 :

(a) a statement of intention to create the easement, profit à prendre, restriction or positive covenant must be legibly printed in the panel provided on the approved form on the administration sheet, and

(b) the site of any proposed easement must be shown in the plan drawing area of the approved form with sufficient indication of the nature of the easement to distinguish it from any other easement intended to be created on registration of the plan, and

(c) if any proposed easement is to be limited in height or depth, the levels of the limits must be defined as required by the Registrar-General.

(2) A statement of intention referred to in subclause (1) (a) must neither incorporate the term of the easement, profit à prendre, restriction or positive covenant nor specify the lots intended to be benefited and burdened.

(3) The plan must be accompanied by a section 88B instrument in the approved form that complies with Division 4 of Part 3 of, and the requirements set out in Schedule 9 to, the Conveyancing (General) Regulation 2003 and is lodged in the same manner as the plan. If the instrument is lodged electronically, the requirements set out in Schedule 10 to that regulation must also be complied with.