The following information relates to recording existing centreline easements, existing easements not already spatially defined, existing easements on legalisation surveys, and easements on a unit plan.
On a Diagram of Survey and Diagram of Parcels, an existing centreline easement of a known width that is:
- affected by the creation of new underlying parcel boundaries, is required to be depicted as a polygon parcel [r 9.6.3(b) and r 10.4.2(b)]. Note that although the depiction of the easement changes, the legal right does not, and the easement information must be shown in a schedule of existing easements [r 10.2.2];
- not affected by the creation of new underlying boundaries is able to retain its representation as a centreline [r 9.6.3(c)(i) and r 10.4.2(c)(i)].
The parcel for an existing centreline easement whose width is not known may be represented as a centreline, whether it is intersected by a new parcel boundary or not [r 9.6.3(c)(ii)].
On a Diagram of Survey and Diagram of Parcels, an existing centreline easement without a known width retains its depiction as a centreline. The centreline must be annotated 'width unknown' [r 9.6.3(c)(ii), r 9.6.11, r 10.4.2(c)(ii), and r 10.4.8].
The schedule of existing easements must include the information about this existing easement required by rule 10.2.2(b).
There are no survey requirements for an existing easement that:
- will be retained but
- which has not been previously defined spatially on a CSD but
- is referred to in a document.
The schedule of existing easements for the new CSD must include the information about this existing easement required by rule 10.2.2(b). The easement parcel identifier in the schedule will be the same as the appellation of the new servient tenement.
The type of legalisation will determine how existing easements must be dealt with.
For a parcel subject to the legalisation action:
- where the legalisation action has the effect of cancelling existing easements (eg land to become road), existing easements are not depicted. In respect to the Public Works Act 1981, if an existing easement is not mentioned in the gazette, the easement is cancelled.
- where the legalisation action does not have the effect of cancelling easements and the easements are not to be surrendered by other means, they must be depicted.
For parcels not subject to the legalisation (eg the land remaining in private ownership), existing easements must be depicted.
Existing easements which are:
- both subject and appurtenant, are to be recorded in a schedule [r 10.2.2]
- subject easements, are to be depicted spatially in the Diagram of Survey and Diagram of Parcels [r 9.6.4 and r 10.4.3].
- are to be recorded in a schedule or, in the case of new easements required by a territorial authority, recorded in a memorandum [r 10.2.1]
- which are both subject and appurtenant, are to be depicted spatially in the Diagram of Survey and Diagram of Parcels [r 9.6.4 and r 10.4.3].
Separate easement parcels are required for each unit and each area of common property that will be subject to an easement, whether new or existing. Note, where the underlying parcel (base land) is subject to an existing easement, the easement is not required to be split into separate easement parcels when units are created or changed within that underlying parcel.