Changes to NSW rules on existing easements

By on 4 April, 2022

Image credit: ©stock.adobe.com/au/ronstik

NSW Land Registry Services (LRS) is reminding surveying stakeholders that from 1 April 2022, all deposited plans must show dimensions along new boundaries where an existing easement cuts a new boundary within the same ownership.

This applies for land that is within the same ownership and is in line with Schedule 5 (15) (1) (b) and Schedule 7 (15) (1) (b) of the Lodgment Rules.

According to LRS, the Lodgment Rules state “Identification of Existing Easements: A plan must, wherever possible, show the relationship of the affecting interest to the boundaries of the parcel.” The dimensions — for example, bearings and distances — of the existing easement are not required to be shown.

Plans must still comply with Clause 18 Surveying and Spatial Information Regulations 2017.

According to an update on the LRS website, surveyors should review the site of the existing easement and decide if there is sufficient information on the plan that created the existing easement, for example easement shown in a deposited plan or a plan annexed to a dealing. Where applicable the cuts are shown in brackets, eg. (10.41), and shown along the boundaries within each new lot. The plan examiners will review that the cuts have been shown, however they will not be checking the mathematics of the easement cuts.

There are exceptions. In situations where there is insufficient information for the dimensions of the existing easement or if the surveyor is of the opinion that it is to complex, for example within a stratum plan, then the cuts along the new boundaries are not required. In these circumstances the surveyor has the option to add “20M Esmt Cuts” to the Surveyor’s Reference. The 20M Esmt Cuts Approval shown in the Surveyor’s Reference is like the 20M Comp Approval where the surveyor decides on the requirements of the plan.

LRS points out that the “benefiting party of the easement is not required to approve these cuts along the new boundaries. Easement wholly within a lot where it does not cross a new boundary does not require the cuts to be shown. Plan examiners will not be checking mathematics of easement cuts and only basic errors will be checked. NSW LRS plan examiners will check if either the easement cuts or the 20M Esmt Cut approval have been shown. If neither exist a requisition (notice) will be raised.”

Queries on this issue can be directed to plan-info@nswlrs.com.au.

On a separate note, LRS said in its update that, following feedback from surveyors, “at recent Surveyor Liaison meetings we have discussed and asked for a response on ways to improve image quality and simplify preparation of digital plans”.

“We have discussed eliminating or changing the way registration charting is undertaken by NSW LRS folio creation officers when noting Exclusion of Minerals (EM) and Reservations and Conditions (RC).”

A discussion paper has been circulated, with feedback closing on 15 April 2022. Surveyors can submit feedback to NSW LRS directly at nicholas.gillett@nswlrs.com.au. A a copy of the discussion paper can be obtained from ISNSW, ACS or Nicholas Gillett at NSW LRS.

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