A compiled easement plan will only be accepted when the plan of survey used as the basis of the compilation is shown by other survey plans on public record to be reliable and the site of the new easement:
- is fixed along, parallel and/or perpendicular to an existing boundary established in a reliable plan of survey
- is fixed without regard to natural features, occupations or improvements on the ground
- is fixed between two previously surveyed corners
- is one straight line between points defined (by connection) on two existing parcel boundaries
- is the projection of an existing boundary established in a deposited plan of survey
- contains no angle or steps, except where the line is parallel to an existing surveyed boundary containing equivalent angles or steps, or
- is determined by any combination of the above.
A compiled easement plan will not be accepted where:
- the plan of survey, used as the basis of the compilation, is shown by other survey plans on public record to be unreliable
- the lengths and bearings of the adjoining/connected parcel boundaries are not in agreement with current certificate of title or deed boundaries
- it is known that natural features, occupations or improvements on the ground are near the site of the new easement
- the land is in a closely built up locality
- it is based on deposited plans which are not in agreement
- the external boundaries were previously compiled
- the easement abuts the boundary of a parcel subject to a 'Limitation' notification
- the purpose of the plan is to create any of the following:
- easements for light and air
- easements for support related to buildings or retaining walls
- easements for encroachment or overhang, or
- cross-easements pursuant to ss.88BB or 181B Conveyancing Act 1919.
Easements limited in height or depth may be compiled provided the necessary Bench Marks and Reduced Levels (and no other survey information) are shown on the plan.
Easement plans that comply with these requirements do not require the prior written approval of the Plan and Title advisor.
Note 1 Compiled easement plans may be prepared either as a deposited plan or as a sketch plan annexed to a dealing.
Note 2 All new subdivision boundaries must be defined by survey.
Compiled easements over physical features
Easements over physical features such as:
- tracks in use (right of way or right of carriageway)
- easement over existing line of pipes
- easement over existing underground power lines
- easement over existing centreline of poles (as required by electricity authorities), or
- easement over existing bore drains, etc.
may also be compiled as a special concession by the Registrar General. The site may be defined in a deposited plan or in a plan annexed to an appropriate dealing. The surveyor preparing the compiled plan must be satisfied the accuracy of the plan provides adequate definition against all title and property issues.
The compiled plan must:
- be prepared and signed by a registered surveyor
- define the site by broken lines
- where defining a track in use, open bore drain or other agricultural feature - not show a width and must indicate the method used to determine the position of the track, bore drain etc.
- where defining a line of underground pipes, cables or conduits include the statement "Approximate position"
- where defining the centreline of poles:
- amplify the surveyors certificate to indicate method used to define the centerline
- show bearings and distances of the centerline with the total width of the easement, and
- show sufficient connections to tie the site into the corner of the parcel
Note The plan may also be prepared from a pegged centreline survey.
- be signed by all parties pursuant to s.195D Conveyancing Act 1919.