Grant of Easement (TG)

Section 96(1)(b) of the Real Property Act 1886 (SA) requires the parties to execute a transfer in the appropriate form when a right of way or other easement is to be created, and the instrument must describe the land and accurately state the interest created (s 96(2)). Form TG is the Registrar-General's form for granting an easement, and Land Services SA's guidance notes say it is used where a deposited or filed plan shows the easement as proposed. The easement can be described using the short forms in the fifth and sixth schedules of the Act or in full. A mortgagee or encumbrancee of the servient land who endorses consent has its mortgage partially discharged so that it is subject to the easement (s 144); a mortgage over the dominant land can extend to the easement with the holder's endorsed consent (s 90F).

When you need it

• A neighbour is granting you a right of way, drainage or services easement over their land.
• A filed plan, or an approved or deposited plan of division, shows a proposed easement that now needs to be created.
• A utility or other body entitled by statute to hold an easement in gross is taking an easement.

1. 1

   Land and estate

   Describe only the title that will be subject to the easement, for example 'Whole of the land in CT Volume ... Folio ...'. For estate insert fee simple, or Crown land for a Crown lease or Crown record.

2. 2

   Grantor, grantee and consideration

   Give the full name and address of each registered proprietor of the servient land. For the grantee, give the full name, address, mode of holding and the title the easement will benefit (none for an easement in gross). State consideration in words and figures.

3. 3

   Rights being granted

   Describe the easement precisely, by short form or long form, referring to the plan identifier and whether it covers the whole or part of the land, for example 'an easement for drainage purposes over the land marked B in FX57143 being portion of the land above described'.

4. 4

   Appurtenance

   Describe the land to which the easement is appurtenant, such as 'Allotment 12 in DP 45678 being portion of the land in CT Volume 5600 Folio 57', or for an easement in gross cite the statute that allows it, such as section 51 of the Petroleum Act 2000.

5. 5

   Consents and certification

   Only a mortgagee or encumbrancee can consent on the TG consent page: strike through either the partial discharge over the easement (s 144) or the extension over the dominant land (s 90F). Consents are dated and witnessed (s 267) or certified, attached and numbered as pages of the TG. Complete the certification for grantor and grantee.

• Have the TG assessed for stamp duty before lodging it with Land Services SA.
• Do not lodge until the filed plan is filed or, for a deposited plan, approved or deposited; otherwise the TG is referred for correction.
• New title fees apply for every title that issues because of the grant, including servient and dominant titles and any easement in gross, plus the registration fee. Check the current fees page and complete the new title instructions.

• Use a separate TG for each servient proprietor where several adjoining titles grant to one grantee, and a separate TG for each dominant proprietor where one grantor grants to several.
• Where the servient and dominant land share the same numbered mortgage or encumbrance, no consent is required.
• Other registered interests, such as a land management agreement, cannot be adjusted through the TG consent; lodge separate documents before the TG.