Section 88B Instruments Explained

A Section 88B instrument is a legal document registered with a subdivision plan in NSW that creates easements, restrictions on use, positive covenants, or rights of way over land. It's named after Section 88B of the Conveyancing Act 1919 (NSW) and binds current and future property owners.

What Can a Section 88B Instrument Contain?

A Section 88B instrument can contain: easements (for drainage, services, or access), restrictions on use (limiting building types or activities), positive covenants (requiring owners to do something), and rights of way (allowing access across land). These are permanently registered on the property title.

How to Find Section 88B Instruments on Your Property

Section 88B instruments appear on your Certificate of Title and can be found through NSW Land Registry Services. Your surveyor can identify and locate these on your property during a detail survey or boundary survey. The instrument reference number will be noted on your title documents.

Can You Remove or Modify a Section 88B Instrument?

Removing or modifying a Section 88B instrument requires consent from all parties who benefit from it, or a court order under Section 89 of the Conveyancing Act. This can be difficult and expensive, especially for easements benefiting essential services like water or sewer.

Do Surveyors Prepare Section 88B Instruments?

Yes, registered surveyors prepare Section 88B instruments as part of subdivision applications. The surveyor drafts the instrument terms, prepares the plan showing easement locations, and lodges everything with NSW Land Registry Services. A solicitor typically reviews the legal wording.