A Section 88B Instrument is the part of a deposited plan which upon registration:

• creates easements, profit à prendre, restrictions on use of land, and positive covenants
• releases easements and profits à prendre

The instrument must be drawn in accordance with Approved Form 10 Section 88B Instrument and must be lodged as part of the plan. Stamp Duty is not payable.

Where a section 88B instrument, includes height limitations to define the stratum of an easement, profit à prendre, restriction on use of land or positive covenant, the accompanying deposited plan must comply with cl.13 and 62 Surveying and Spatial Information Regulation 2012. You can order a section 88B instrument from InfoTrack’s seamless property search functionality.