Creating new easements
An easement may be created by means of:
- an appropriate dealing registered in NSW LRS or
- inclusion in Part 1 of a section 88B instrument lodged with a new deposited plan.
General requirements and conditions must be satisfied before an easement can be created.
New easements may be created by the registration of a dealing, a deposited plan or by an implied grant or reservation.
Where easements affecting Old System land are intended to be created upon registration of a deposited plan, certain conditions apply.
Easements created by statute may be created automatically.
The Registrar General may be directed to note or record an easements created by Court Order.
Easements may be created by resumption or acquistion through the publication of a notice in the Government Gazette.
Easements created by prescription may be recorded on the Torrens Register on lodgment of a Court Order.
Publication Date: January 2025