Section 88B Instruments
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.
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