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Section 88B Instruments

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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