Transfer Granting Easement etc Over Own Land

This page aims to help you complete an electronic Transfer Granting Easement etc Over Own Land dealing form. This form is used to create an easement, restriction on the use of land, profit à prendre or forestry right where the servient (i.e. land burdened by the easement) and the dominant tenements (i.e. land benefited by the easement) are held by the same registered proprietor.

NOTE: Written consent of all mortgages, lessees, charges or covenant charges affecting the dominant and/or servient tenement titles is required.

Refer to the following for:

• common forms of easement
• easements generally 
• forestry rights
• profit a prendre and
• restrictions on the use of land.

NOTE: Where a writ is noted on title, this dealing form must be lodged as a Dealing with Exception, unless the judgment creditor consents to the Transfer Granting Easement etc Over Own Land or the writ is removed.

NOTE: Where the easement is granted by a mortgagee or charge in possession, this dealing form must be lodged as a Dealing with Exception.

NOTE: The registered proprietor must be represented in the workspace for this dealing form. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

1. verify their Client’s identity 
2. establish their Client’s right to deal with the land 
3. have a properly completed and executed Client Authorisation form and 
4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement. 

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 46A Real Property Act 1900.

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – prevents registration of a Transfer Granting Easement etc Over Own Land if noted on the servient tenement. It does not prevent registration if noted on the dominant tenement.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Transfer Granting Easement etc Over Own Land dealing form.

Land Title

Enter the land title reference for the servient tenement.

Participant Details

Party Details – Party Name

Select the registered proprietor of the dominant and servient tenement.

Document

Create Document – Select Other Documents.

Select Transfer Granting Easement etc Over Own Land.
 
Dealing on Title

Select all interests affected, being a lease, mortgage or charge. 

Dealing Number 

Select the registered number of each mortgage, lease or charge affecting the dominant and/or servient tenement titles.

Registered Proprietor

Select the registered proprietor.

Servient Tenement

Enter the servient tenement.

Dominant Tenement

Enter the dominant tenement.

Description

The particulars of the easement/profit à prendre/forestry right/restriction on the use of land must be stated.

Where creating an easement the description must:

• state the type of easement and
• state how the easement site is described/designated in the plan showing the site and
• make reference to the plan showing the site, (i.e. 'DP...' or 'plan annexed to dealing) and
• refer to any annexure setting out the terms and conditions related to the easement.

Transfer Granting Easement etc Over Own Land

Select from one of the following:

• The registered proprietor of both the dominant and the servient tenements hereby grants an easement out of the servient tenement and appurtenant to the dominant tenement in the terms specified.
• The registered proprietor of both the dominant and the servient tenements hereby grants a profit à prendre out of the servient tenement and appurtenant to the dominant tenement in the terms specified.
• The registered proprietor of both the dominant and the servient tenements hereby grants a forestry right out of the servient tenement and appurtenant to the dominant tenement in the terms specified.
• The registered proprietor of both the dominant and the servient tenements hereby grants a restriction on the use of land out of the servient tenement and appurtenant to the dominant tenement in the terms specified.

Attachment

Attachment Type – Terms and Conditions

Attach the terms and conditions of the easement/profit à prendre/forestry right/restriction on the use of land. The terms are required if the easement type is not a statutory easement as defined in Schedule 8 Conveyancing Act 1919.

Attachment Type – Plan (optional)

Attach a plan where the easement, profit à prendre, forestry right or restriction on the use of land is reliant on a plan.
 
A plan defining an easement or profit à prendre must comply with compiled plan guidelines and Schedule 3 of the Lodgment Rules.

A plan defining a forestry right must comply with compiled plan guidelines and Schedule 3 of the Lodgment Rules or follow alternative plan requirements for forestry rights.

If these requirements cannot be met, a full plan of survey must be lodged to define the easement, profit à prendre or forestry right. For a forestry right, a limited survey is acceptable in the alternative. The plan of survey may be accompanied by a section 88B instrument or referred to in the description of the dealing.

NOTE: An extra fee is payable where the dealing is reliant on a plan annexed.

Attachment Type – Mortgagee’s Consent/Lessee’s Consent/Supporting Evidence

Attach the written consent of all mortgagees, lessees, chargees or covenant charges affecting the dominant and/or servient tenement titles.

Attach a caveator’s consent if required. 

Minister's consent is required:

• where a Crown land restriction pursuant to section 102 Crown Lands Act 1989 or Part 5 Crown Land Management Act 2016 is noted on the servient tenement title or
• for an easement where the servient tenement is land in a Crown land perpetual lease and the land is dedicated as State Forest, see section 34 Forestry Act 2012.

Where there is a writ recorded on the title, and the consent of the judgment creditor for this Transfer has been obtained, the consent is required to be attached.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

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