Transfer Granting Easement in Gross

This page aims to help you complete an electronic Transfer Granting Easement in Gross dealing form. This form is used to create an easement affecting Torrens Title land (i.e. the servient tenement/land burdened by the easement) where there is no dominant tenement (i.e. land benefited by the easement), created by and benefiting a prescribed authority. For a transfer granting an easement in gross the transferee must be a prescribed authority under section 88A Conveyancing Act 1919.

Where there is a dominant tenement, please see Transfer Granting Easement.

Where an easement is to be created and the dominant tenement and servient tenement are owned by the same registered proprietor please see Transfer Granting Easement etc Over Own Land.

Refer to the following for:

NOTE: Where a writ is noted on title, this dealing form must be lodged in paper, unless the judgment creditor consents to the Transfer Granting Easement or the writ is removed.

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.
 
NOTE: Both the transferor and transferee must be represented in the workspace for this dealing form. 

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 47 Real Property Act 1900 and section 88A Conveyancing Act 1919.

Stamp Duty – not required.

CoRD Holder Consent – required for the servient tenement.

See https://rg-guidelines.nswlrs.com.au/e-dealings/cord_holder_consent_requirements

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the servient tenement will prevent the recording of a Transfer Granting Easement in Gross.

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 in Gross dealing form.

Land Title

Enter the land title reference(s) of the servient tenement.

Participant Details

Party Details – Party Name


Select the registered proprietor of the servient tenement.

Enter the statutory authority or prescribed authority.

Document

Create Document – Select Other Documents.

Select Transfer Granting Easement in Gross.
 
Transferor 

Select the registered proprietor of the servient tenement.

Transferee

Select the prescribed authority.

Consideration (optional)

Enter the consideration amount.

Date of Easement (optional)

Enter the date of easement.

Servient Tenement 

Enter the servient tenement.

Easement in Gross/Prescribed Authority

Enter ‘easement in gross’ or the name of the prescribed authority.

Description of Easement

Enter the description of the easement:

  • 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.

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

Attachment

Attachment Type – Terms and Conditions (optional)

Attach the terms and conditions of the easement. The terms are required if the easement type is not a statutory easement as defined in Schedule 4A Conveyancing Act 1919.

Attachment Type – Plan (optional)

Attach a plan where the description of the easement is reliant on a plan annexed. The plan must comply with compiled plan guidelines and Schedule 3 of the Lodgment Rules.

If these requirements cannot be met, a full plan of survey must be lodged to define the easement site.

Attachment Type – Approved Forms 

Where the registered proprietor is the owners corporation of a strata scheme, the following certificates are required:

  • ​strata schemes Approved Form 14 where the owners corporation benefits from the dealing or
  • strata schemes Approved Form 13 where the owners corporation is burdened by the dealing and
  • strata schemes Approved Form 10 where the initial period is not shown as expired on the common property title.

Execution of the certificates must take the form as set out in strata schemes Approved Form 23.

Where the transferor or transferee is the association of a community, precinct or neighbourhood scheme, a certificate in the form of Approved Form 21 is required. Execution of the certificate must take the form as set out in community title schemes Approved Form 18.

Attachment Type – Caveator’s Consent

Attach caveator’s consent if required.

Attachment Type – Supporting Evidence

The written consent of a registered lessee or mortgagee affecting the servient tenement is required, however the consent of the mortgagee will be implied where the mortgagee has produced the title for the transfer.

Minister's consent is required to be attached 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
  • the easement burdens the 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.

The evidence that the Subscriber is required to retain to support a Transfer Granting Easement in Gross dealing form may include:

  • A true copy of the duly executed version of the document(s) uploaded as an attachment.  

Other forms of evidence may be acceptable and 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