In general terms, a ‘party wall’ refers to a wall built on a common boundary between separate parcels of land where the boundary passes vertically and longitudinally through that wall. Each owner typically owns that part of the wall located on their land. Examples include terrace houses, semi-detached homes and town houses.
In these situations, mutual cross easements for support may be created or, in some instances, are created or implied by legislation, whereby the owner of each of part of the wall is entitled to rely on the whole of the wall for support.
A party wall can be created by:
By registration of a dealing
Transfer Granting Easement
Mutual cross-easements for support may be created by registration of reciprocal transfers and grants for support of a party wall on a common boundary of two parcels. The site of the party wall referred to in the transfer dealings must be adequately defined in a plan of survey on public record that is registered in NSW LRS. A composite notification quoting both transfer numbers will be entered on each of the folios of the Register.
Request
Under section 48(1) Real Property Act 1900, where an existing plan which shows a boundary of a lot as passing longitudinally through the whole or any part (including the face) of a wall and the plan was registered or recorded:
- before 1 August 1996 and the wall is described as a ‘party wall’ or
- on or after 1 August 1996 and the wall is described as a ‘proposed party wall’
the registered proprietors on either side of a party wall may lodge a Request form 11R for the recording of a cross-easement for support.
In both circumstances, the consent of all relevant parties is required, and the party wall must be adequately defined in the plan.
By legislation
Section 88BB Conveyancing Act 1919
Where a deposited plan (including an easement plan) registered or recorded after 1 August 1996 shows a boundary of a parcel passing longitudinally through a wall that is described in the plan as a 'party wall', then cross-easements for support are automatically created by Section 88BB Conveyancing Act 1919 and will be recorded on the folios of the affected parcels on either side of the wall. The consent of all adjoining owners and other interested parties will be required.
If the deposited plan is accompanied by an instrument under section 88B Conveyancing Act 1919, there is no requirement for the cross easements to be referred to in either that instrument or in the statements panel on the plan.
NOTE: If it is not intended to create cross-easements on registration of the plan, or the required consents are not provided, the site should be shown as ‘proposed party wall’. This notation on the plan will facilitate the creation of the cross-easement for support by transfer and grant at a later date. No notation will be entered on the folios of the Register.
NOTE: Cross-easements may only be created pursuant to s.88BB where the common boundary of the parcels passes through some part of the structure of the wall, or along the face of the wall, and the wall supports structures on either side.
For information on how to define the party wall on the plan, see Definition on the plan.
Section 181B Conveyancing Act 1919
Section 181B Conveyancing Act 1919 applies to an assurance (a transfer or conveyance) executed on or after 1 January 1931 and before 1 August 1996 which brings into separate ownership two parcels of land, where a wall is severed vertically and longitudinally by the common boundary separating the parcels. Section 181B operates to create cross-easements for support in respect of walls either:
- described as a party wall in the assurance or
- referred to as a party wall shown in plans registered or recorded before 1 August 1996.
Assurances made on or after 1 August 1996 may still create cross easements under s.181B provided:
- they refer to plans registered or recorded before 1 August 1996
- the owner of the land upon which the whole wall was (or was to be) erected had the legal power to grant and reserve the mutual easements and actually transferred or conveyed one of the common parcels of land
- the assurance or plan associated with it described the wall as a party wall and
- the assurance did not negate the creation of cross-easements.
NOTE: The cross-easements are created and only come into effect on registration of the transfer or conveyance which severs the common ownership of the parcels of land on each side of the wall (that is, the lots were held in the same ownership and the owner transfers one of the lots).
NOTE: Where the cross easements are not recorded on the affected folios of the Register, a Request form 11R providing evidence that the conditions of section 181B Conveyancing Act 1919 have been met should be lodged.
NOTE: For party walls shown in plans registered after 1 August 1996, the provisions of section 88BB of the Conveyancing Act 1919 apply.
Old system land
Where on registration of a new deposited plan cross-easements are to be created for a party wall shown on a common boundary of a Torrens title parcel with adjoining Old System land, consent of the adjoining owner(s) and other interested parties is still required and a completed Statement of Title Particulars form must also be lodged. Conversion Action will be considered and where appropriate notifications will be entered on title. For further information please see Conversion Actions.
As with Torrens title land, where the plan has not been appropriately signed or consented to, the site should be shown as ‘proposed party wall’ on the plan. A notification will not be entered on the Torrens title(s).
More information on cross-easements for support of party walls can be found at the following links:
Staff processing information
A transfer, except for a transfer by way of discharge of mortgage, of coal, of minerals, or of a statutory easement in gross, affecting a title with a 'Note (NB): Cross-easements (s181B) Between Lots ... May Apply', or words to that effect, will be referred to the Folio Management team. The following points are noted:
- the transfer does not have to refer to the cross-easements
- a caveat affecting the adjoining land will not prevent registration of the transfer and
- a standard form of caveat on either tenement will not prevent recording of the cross-easements; the interest claimed will be examined.
Publication Date: March 2025