Easement (Form 9)

An easement over a lot, or part of a lot, can only be created by registering an instrument of easement, which must state the nature and terms of the easement and the land benefited and burdened (Land Title Act 1994 (Qld) s 82). It can be registered only if, for an easement over part of a lot, a plan of survey designating it is registered, and if it is signed by the owner (or lessee) of the land burdened and the owner of the land benefited (s 83). The benefited and burdened lots may have the same owner (s 86). An 'easement in gross' has no benefited lot and is granted to a public utility provider such as a local government (Land Title Practice Manual (LTPM) [9-2180]). Form 9 is the approved instrument.

When you need it

• One owner is granting a neighbouring lot a right of way, drainage, services or similar right over their land.
• An owner of two lots is granting an easement from one of their lots to the other (s 86).
• A local government or other public utility provider is taking an easement in gross, for example for sewerage or electricity.
• A court has ordered a statutory right of use under section 180 of the Property Law Act 2023; the easement is usually registered by a plan and a Form 9 with the order deposited (LTPM [9-2050]).

1. 1

   Lodger panel and Item 1: grantor

   Complete the lodger details. Insert the full name of the grantor: the registered owner of the burdened lot or the lessee of a freehold lease, with any capacity such as trustee or personal representative. All tenants in common should join in one easement. A minor cannot be a grantor (LTPM [9-4020]).

2. 2

   Item 2: description of easement and land

   For the burdened land, insert the easement description for an easement over part of a lot (for example 'Easement A on SP 145897'), or just the lot description for an easement over the whole lot, with the title reference. For the benefited land insert the benefited lot, or 'Not applicable' for an easement in gross.

3. 3

   Items 3 to 5: interests and grantee

   Item 3 is the interest burdened (for example 'Fee Simple' or 'Lease No. [number]'). Item 4 is the interest benefited, or 'Not applicable' for an easement in gross. Item 5 is the full name and tenancy of each grantee for each benefited title.

4. 4

   Items 6 and 7: consideration and purpose

   Insert the monetary or other consideration, and a short description of the purpose, such as 'right of way' or 'drainage'. If that is not possible, refer to the attached schedule of covenants and description of use.

5. 5

   Item 8: grant and execution

   Attach the covenants (on a Form 20 Schedule or by reference to a registered standard terms document) and select the option that applies. The grantor and grantee each sign before a witness listed in Schedule 1 of the Land Title Act 1994.

• For an easement over part of a lot, the survey plan (or explanatory format plan) showing the easement must be registered before, or lodged with, the Form 9. This is not needed for an easement over the whole of a lot (s 83(1)(a); LTPM [9-2020]).
• Deposit a Form 18 General Consent from every affected lessee of the burdened lot (LTPM [9-2082]). An easement giving access to a lot from a constructed road needs planning body approval (LTPM [9-2080]).
• Lodgement fees are payable and a duty notation is required (LTPM [9-2020]). Check the fee with the Titles Queensland fee calculator.
• Lodge by post to Titles Queensland, GPO Box 1401, Brisbane Qld 4001, or through eLodgement if you are a registered industry user. Form 9 is not on the list of instruments available through eConveyancing.

• The purpose must be acceptable and precisely defined. The LTPM notes that 'view' and 'environmental' purposes are frequently attempted but not acceptable (LTPM [9-0040]).
• An easement that is to take effect at a future date cannot be registered (LTPM [9-0050]).
• Titles Queensland publishes two Form 9 checklists, one for standard easements and one for easements in gross, on its forms page.