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What is a 88b Instrument?
A section 88B instrument is a development consent requirement for the registration of many different items ranging from positive covenants to easements with the Land Registry Services. A Section 88B Instrument is created and registered in conjunction with plans such as Torrens Title Subdivisions and Plans of Easement.
It is the legal power or rules to set out the creation of easements and positive covenants under the Conveyancing Act 1919. Section 88b easements and positive covenants often relate to services such as drainage and water or the right of a carriageway over land.
A section 88b certificate, includes height limitations to define the stratum of an easement, profit à prendre, restriction on use of land or positive covenant.
Why do you need a 88b Instrument?
A section 88B instrument is an essential requirement by Council and/or Land Registry Services in order to register an easement or positive covenant.
Property registry enables anyone in Australia from Adelaide, Brisbane, Canberra, Sydney, Melbourne, Perth and anywhere in between to conduct a section 88b instrument search online.