A new deposited plan that intends to create cross-easements pursuant to section 88BB Conveyancing Act 1919 must fully define the site of the party wall on the face of the plan. The plan must:
- depict the site of the wall on the plan as a physical structure, together with an appropriate notation, for example:
"CENTRE OF 0.23 BRICK PARTY WALL"
NOTE: The words 'party wall' must be included for cross-easements to be created.
- show sufficient connections along the parcel boundary to define the extent of the party wall
- if the party wall is not centred on the parcel boundary, show sufficient connections at each extremity and at each bend in the wall or boundary to define the relationship between the wall and the boundary
- if the party wall has been constructed on one of the lots only, the plan should indicate:
"FACE OF 0.23 BRICK PARTY WALL"
The wall must still supply support for buildings constructed on both lots.
NOTE: If the plan is not an easement-only plan, and a boundary corner or bend lies within the material of the wall without an accessible surface for marking, the corner may be left unmarked and shown by an "obstructed boundary corner" symbol as depicted in Schedule 5 Surveying and Spatial Information Regulation 2017.
- If the construction of the party wall is not consistent throughout its length or height (e.g. the thickness or material of the wall varies between different floors of the building) sufficient information must be shown to fully define the wall at each change and/or each level. In this regard it may be necessary for suitable cross-sections of the wall, and its relationship to the parcel boundary, to be included in the plan.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Publication Date: January 2025