Application to Register Easement / Create Easement in Gross

Issuing authority

State land registries — NSW LRS, Titles Queensland, Landgate WA, Land Services SA, Land Tasmania (NRE)

Official source

How to apply

1. Obtain legal advice and negotiate the easement terms with all affected landowners (grantor and, if applicable, grantee)
2. Engage a licensed surveyor to prepare a plan or deposited plan defining the easement location and dimensions if required by your state
3. Prepare the relevant dealing document for your state: Transfer Granting Easement in Gross (NSW, lodged via PEXA); Form 9 Easement (QLD, Titles Registry); B2 Blank Instrument or T2 Transfer (WA, Landgate); Grant of Easement Form TG (SA, Land Services SA); Blank Instrument Form (TAS, Land Titles Office)
4. Obtain consent from all mortgagees, chargees, lessees, and caveators over the burdened land — most registries require signed consents
5. In SA and QLD, have the document assessed for transfer duty at the relevant revenue office before lodgement
6. Lodge the completed dealing, plan, and supporting documents (including mortgagee consents) at the relevant state land titles registry, either electronically (NSW via PEXA for e-dealings) or in person
7. Pay the applicable lodgement fee (varies by state; NSW Transfer Granting Easement is approximately $160–$176 incl. GST for 2025–26)
8. Await registration and receive the registered dealing confirmation — the easement is then recorded on the title of the burdened (and, if applicable, benefited) land

Related topics

Related forms

• Swimming Pool Safety Certificate / Pool Barrier Compliance Certificate (QLD Form 23 / NSW + VIC council pool inspection)Form 23 (QLD); Form 36 (QLD — Notice of No Pool Safety Certificate)
• VIC Vendor Statement (Section 32) — Sale of Land Act 1962Section 32 (Sale of Land Act 1962)
• Transfer of Land / Transfer of Real Property — Electronic Lodgement via PEXA (All States)VIC: Transfer of Land (Transfer of Land Act 1958); NSW: Transfer (Conveyancing Act 1919); QLD: Transfer (Land Title Act 1994) — all lodged electronically via PEXA or Sympli
• Discharge of Mortgage05DM (NSW paper form; all states now primarily electronic via PEXA)
• Priority Notice (Lodgement of Interest)No paper form number — electronic only via PEXA/Sympli; QLD extension form: PNE