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Easements, restrictions and positive covenants
Easements
An easement is a right applying over land. An easement enables a parcel of land to have the use of other land that may be in different ownership for a specific non-exclusive purpose.
Restrictions on the use of land
A restriction on the use of land is a condition on the land owner not to use the land for a specified purpose or in a specified manner.
A restriction on use must be negative (restrictive) in nature and may not impose a duty to do any positive act. A restriction may be created by agreement between two or more parties by a dealing (e.g. Restriction on the Use of Land) or by the registration of a plan. The benefit of the restriction may be adjoining land, nearby land or a prescribed authority.
Positive Covenant
A public positive covenant is a positive obligation imposed by, or for the benefit of a prescribed authority requiring the maintenance and/or repair of land e.g. to maintain a building and its foundations, to ensure the safe working of a railway passing below it, or to erect a habitable dwelling upon the land within a specified period of time. The positive covenant must be in terms that directly require the owner of the land to take positive action.
A positive covenant for maintenance and repair of easement site may be created by parties to a registered easement to maintain and/or repair the easement site.
The following form must be used to request Council to endorse an easement, restriction on the use of land or positive covenant.
Further information relating to easements, restrictions and positive covenants is available from Land Registry Services.
Strata termination
A strata scheme may be terminated for a number of reasons including, it is no longer viable or beneficial to residents to be part of a strata scheme, or if the owners corporation decides it would be in the owners interests to redevelop.
An application made to the Registrar-General for the termination of a strata scheme must be signed by the planning authority for subdivision of the land to which the application relates in accordance with s142(4) of the Strata Schemes Development Act 2015. Council is typically the planning authority.
The following form must be used to request Council to review and sign an application to terminate a strata scheme.
A completed and executed Termination of a Strata Scheme Form 15ST must be included in the request to Council
Further information relating to the termination of a strata scheme is available from Land Registry Services.
Subdivision certification
Council offers:
- Subdivision Works Certificates
- Principal Certifier for subdivision, which includes conducting critical stage inspections and issuing the Subdivision Certificate or Strata Certificate
The fees for Council's certification services are comparable with private Registered Certifiers.
Please complete the form below to request a fee estimate for Council’s certification services.
Request a fee estimate for certification services