Cross easements

Request form 11R (PDF 150 KB)

Dealing type - R

Legislation

s48, s48(1A) Real Property Act 1900

s88BB Conveyancing Act 1919

(A) Stamp duty not required.

Certificate of Title - required for a plan showing 'proposed party wall'.

Not required for a plan showing 'party wall'.

NOS form - not required

Standard form of Caveat - does not prevent registration where noted on either lot; the nature of the claim in the caveat must be considered.

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

Pursuant to s48 Real Property Act 1900 where an existing registered plan lodged before 1.8.1996 shows a boundary between lots as a 'party wall', the registered proprietors of the affected lots may request that the cross-easements (formerly created by s181B Conveyancing Act 1919) be recorded on the folios of the Torrens Title Register. 

Note  Cross-easements are automatically recorded on the titles issued from a plan lodged on or after 1.8.1996 that shows a 'party wall', see s88BB Conveyancing Act 1919.

Pursuant to s48(1A) Real Property Act 1900 where a plan registered after 1.8.1996 shows a boundary between lots as a 'proposed party wall', the registered proprietors of the affected lots may request that the cross-easements be recorded on the folios of the Torrens Title Register.

A request to record cross-easements may be a multiple instrument where more than two lots are involved and the additional lots are in different ownership.

Where the land in one of the affected lots is Old System land, the request may only be accepted where the land is the subject of a current Official Search. The number of the Official Search must be stated. A letter from Title Conversion Branch must accompany the request. The details set out in the letter must agree with the information stated in the request.

(B) The references to title for the land affected by the 'party wall' or 'proposed party wall' must be stated.

(C) Does not apply.

(E) The full names of the registered proprietors of the affected lots must be stated and be identical to the names as shown on the Torrens Title Register.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The registered number of the plan showing the 'party wall' or 'proposed party wall' must be stated.

The mortgagee or chargee of a mortgage or charge registered on either of the affected lots must consent to the request.

(H) The dealing must be executed by the registered proprietors of the affected lots and be witnessed, or be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Registered Proprietor Tick Tick Tick Tick

See execution requirements for companies, witnesses etc.

(I) Not to be completed (see NOS form above).

Staff processing information

Refer to SM99 except for the following.

Refer to SCH1

Where one of the lots is subject to an Official Search.