Easement Creation & 88E Dealing Preparation
An easement is a section of land registered on a property Title which gives you or a third party the right to use that section of land for a specific purpose even though you/they are not the owners of that land.
A public positive covenant or restriction as to use of land can be created under s.88E Conveyancing Act 1919 and imposes obligations on the new owner of the land burdened (the servient tenement), in favour of a prescribed authority. These obligations include, carrying out specified development on or with respect to the land, or the provision of services on or to the land or other land in its vicinity, or the maintenance, repair and/or insurance of any structure or work on the land.
Section 88E provides that a prescribed authority may impose a public positive covenant or Restrictions as to use of land on any land not vested in the authority, whether the public positive covenant is annexed to other land.
Examples of 88E dealing, Positive Covenant for OSD, Positive Covenant for Rainwater Tank System, Positive Covenant for Access to Easement, Positive Covenant for Absorption Dispersal, restriction as to use land for overland flow or restriction as to use of land floodway.
We can provide best advise to create an easement or a dealings to suit your requirements to requirements of Council.