Easements for physical structures (SSIR 2017)

For all survey's completed in accordance with the Surveying and Spatial Information Regulation 2024, please refer to this page.

Easements over structures located underground or within a building

Where an easement is to be created over an existing physical structure that is not readily visible (for example a tunnel, pipe, conduit, wire or other similar object which is underground or within or beneath an existing building), it is sufficient to indicate the site of the easement by a single broken line (appropriately designated) in the approximate position on the plan. No dimensions or widths are shown on the plan to define easements of this type as the site comprises the physical structure of the pipes, conduits, wires etc., wherever they lie within the parcel. The notation “approximate position” should be added to the plan as follows:

 

EASEMENT TO DRAIN WATER OVER EXISTING LINE OF PIPES (APPROXIMATE POSITION)

In all other cases, the site of any existing physical structure that is readily visible (for example storm water detention basin, tree listed for preservation etc.) which is shown on the face of the plan, must be fully defined by bearings and distances and be connected to a corner of a parcel.

See section 88(1)(b) Conveyancing Act 1919.

NOTE: The site of an easement intended to exist only during the lifetime of any building or structure over which it is located, or which it benefits, may be related to a substantial feature of the building or structure.

Easements over an existing agricultural feature

An easement over an existing agricultural feature, for example 'open bore drain', may be created and defined in the same manner as an easement over a track in use. The site must be a physical feature easily identified on the ground of the affected parcel.

Easements for electricity purposes over existing guy wires or Easement for telecommunication purposes over existing guy wires

An easement over an existing guy wire may be created and defined in a similar manner as an easement over a track in use. The site must be a physical feature easily identified on the ground of the affected parcel.

The site may be shown in either a deposited plan or a compiled plan annexed to a dealing. The plan must:

  • show the site of the easement as a broken line (appropriately designated) in the approximate position on the plan 
  • show approximate connections to the parcel boundaries
  • be signed by a registered surveyor
  • not show dimensions or widths of the easement, and
  • the notation “approximate position” should be added to the plan (see section 88(1)(b) Conveyancing Act 1919).

The method used to determine the position of guy wire must be specified on the plan as either:

  • the approximate position of the guy wire as determined by an aerial photograph, see ...(a photograph on public record) or
  • the approximate position of the guy wire as recorded in Field Notes ... or in a Detail Plan ....
  • the approximate position of the guy wire as indicated on….(a cadastral map on public record)…
  • the approximate position of the guy wire as indicated on the SIX portal or google maps aerial photography provided the “date of publication” of the metadata is available. The date of publication should be shown on the plan.

EXAMPLE – PLAN OF EASEMENT OVER GUY WIRES

Guy-Wires.bmp

Easement for electricity purposes over existing line of poles
Creation

The easement may be created by:

  • A dealing registered under the Real Property Act 1900 based on either:

    • a plan of survey or compilation registered as a deposited plan or
    • a compiled plan annexed to the dealing.
  • A section 88B instrument lodged for registration with a new deposited plan or

  • A deed registered in the General Register of Deeds (Old System) based on either:

    • a plan of survey or compilation registered as a deposited plan or
    • a compiled plan annexed to the deed.

Plan requirements

There is an onus on the Registrar General to ensure that all easement plans are prepared with an accuracy that is relative to the purpose of the easement. NSW LRS has agreed to waive the usual requirement for a full deposited plan of survey to define the easement site provided any compiled deposited plan or compiled annexed plan complies with the requirements set out below. The surveyor preparing the plan must be satisfied that the accuracy of the plan provides adequate definition against all title and property issues. The easement site should be defined by either:

  • a pegged centre line survey and refer to the electricity provider’s plan or

  • the centre line of existing line of poles.

The plan must:

  • be prepared and signed by a registered surveyor

  • define the site of the easement by broken lines

  • show bearings and distances of the centreline together with the width of the easement

  • tie the site of the easement into the current title’s parcel boundaries by bearings and distances to parcel corners

  • if prepared on an approved plan form, on a deposited plan, the surveyor’s certificate on the administration sheet must be completed

  • include a statement as regards the method used to derive the location of the site of the easement, for example centreline of poles by cadastral traverse, pegged centreline by CORS RTK GNSS or a method approved by the Surveyor General pursuant to clause 9 Surveying and Spatial Information Regulation 2017 (see section 3.4 Surveyor General’s Direction No.7) and

  • be signed by all parties pursuant to section 195D Conveyancing Act 1919.

 

             existing-poles-(1).bmp

Alternatively, the easement may be created pursuant to clause 18 Surveying and Spatial Information Regulation 2012. All boundaries of the easement should be suitably defined by bearings and distances in the usual manner.

Compiled residue lots

Where a centreline survey affects a compiled residue parcel, the requisite reference marks defining the ends of the easement should be placed at the position of the last pole on the centreline and not on the compiled boundary itself. Approximate connections along the centreline from the new mark to the parcel boundary and then to the nearest parcel corner should be shown on the plan.

Diagram showing reference marks along a centre line in relation to a compiled boundary

Example showing reference marks along a centre line in relation to a compiled boundary

Note  Any request for an exemption to these requirements should be directed to NSW LRS plan and Title Advisor, for assessment. In these circumstances approval may be given for the preparation of a survey made pursuant to Clause 9 Surveying and Spatial Information Regulation 2012 (Surveys not requiring strict accuracy) to define the site of the proposed easement.

For more information contact plan-info@nswlrs.com.au

All NSW legislation can be accessed at www.legislation.nsw.gov.au/ 
 

Publication Date: March 2025