How easement plans work
The survey plan defines the location and width of the easement. The rights and obligations are set out in a legal instrument, often a Section 88B instrument (under the Conveyancing Act 1919) when the easement is created with a deposited plan, or a separate transfer granting the easement. Your solicitor or conveyancer prepares or reviews the legal terms; we prepare the plan.
Common easements in the Illawarra
On sloping Illawarra land, interallotment drainage easements are common, letting stormwater from higher lots cross lower properties to reach the street or a council system. Rights of carriageway for battle-axe lots, and easements for sewer, water and electricity, are also common in subdivisions and redevelopments.
Coordinate early
Engineers, councils and utility authorities often specify the easement's location and width. Affected owners and mortgagees may need to consent. Sharing the engineering design, conditions and draft legal documents at the start avoids plans being redrawn later.
Easement plan costs and coordination
The cost of an easement plan depends on the number of properties affected, the length and shape of the easement, whether the boundaries need to be redefined first, and whether the plan is a standalone job or part of a subdivision. Interallotment drainage easements across several lots take more work than a short right of carriageway.
Coordinate early with your solicitor, engineer and any authority setting the easement's width and location, so the plan isn't redrawn. Easements created during a subdivision or strata scheme can usually be prepared alongside those plans.
When you may need one
- A condition of consent requires a drainage, access or services easement
- Creating a right of carriageway for a battle-axe or rear lot
- Formalising an existing pipe, driveway or service crossing another property
- Easements created as part of a subdivision or strata plan
How it works
Brief
Send the conditions, engineering design and details of the affected land.
Survey
We survey the relevant boundaries and features.
Plan
We prepare the easement plan to the required width and location.
Coordinate
We work with your solicitor on the instrument and lodgement.
What you receive
- Plan of easement prepared for lodgement
- Survey information supporting the easement location
- Coordination with your solicitor or conveyancer
To get an accurate quote, send us:
- Addresses and title details of all affected properties
- Condition of consent or authority requirement
- Engineering design or proposed easement location and width
- Contact details for your solicitor or conveyancer
Easement Plans FAQs
Does the survey plan create the easement by itself?
No. The plan defines where the easement is; the legal instrument and registration create the rights. Get legal advice on the wording.
Do neighbours need to agree?
If the easement affects someone else's land, their consent (and often their mortgagee's) is generally required. Your solicitor will advise.
What is a Section 88B instrument?
It is a document lodged with a deposited plan that sets out the terms of easements, restrictions and positive covenants created by that plan. It is usually prepared by a solicitor with input from the surveyor.