18Creation of easement or other interest under section 88B

#### 18 Creation of easement or other interest under section 88B 18 Creation of easement or other interest under section 88B > > (1) If a plan is intended, on registration, to create an easement, profit à prendre, restriction on the use of land or positive covenant pursuant to section 88B of the Act, a statement of intention to that effect must be legibly printed on the administration sheet lodged with the plan. > > > (2) The statement of intention must not— > > > > > (a) incorporate the terms of the easement, profit à prendre, restriction or positive covenant, or > > > > > (b) specify the lots intended to be benefited and burdened. > > > (3) The plan must be accompanied by a document in an approved form (a section 88B instrument). > > > (4) If it is intended that a plan, on registration, is to create an easement pursuant to section 88B of the Act— > > > > > (a) the site of the easement must be indicated in the plan-drawing area of the approved form of the plan with sufficient indication of the nature of the easement to distinguish it from any other easement intended to be created on registration of the plan, and > > > > > (b) if the easement is limited in height or depth, the levels of the limits shown on the plan must be related to Australian Height Datum (AHD) as defined in the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083). > > > (5) In this clause— > > > > plan means a deposited plan or a strata plan (other than a building alteration plan).