Easement surveys

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Easement Surveys

Creating a new easement in Queensland typically involves a more specific and detailed surveying process. When establishing a new easement, whether it’s for access, utilities, or other purposes, the following steps are generally involved:

Identifying the Need

The process begins by identifying the necessity for a new easement. This could be due to the need for access to a property, installation of utility services (e.g., electricity, water, sewerage), or other mutually agreed-upon reasons between property owners.

Engagement of Registered Cadastral Surveyor

Property owners or parties involved engage a registered cadastral surveyor to conduct the necessary survey work. The surveyor plays a crucial role in determining the location, dimensions, and nature of the proposed easement.

Survey Planning and Consent

The surveyor creates a proposed plan outlining the intended location, dimensions, and purpose of the new easement. All affected parties, including the property owner granting the easement and the beneficiary, must agree to the terms and conditions of the proposed easement.

Detailed Survey Work

The surveyor conducts fieldwork to physically mark and define the boundaries of the proposed easement on the ground. This involves using precise surveying equipment and techniques to accurately measure and delineate the area designated for the easement.

Legal Documentation and Consent

Once the survey work is completed, the surveyor and clients solicitor prepares legal documentation, including a survey plan and associated documentation (Form 21, Form 9 and QSR D2.2 ) that meets the requirements of the Queensland Department of Resources (DoR). Consent from all affected parties is required for the creation of the new easement.

Application Submission and Approval

The survey plan and associated documentation are submitted to the DoR or relevant local authorities for approval. The authorities review the proposal to ensure compliance with regulations and the interests of all affected parties before granting approval.

Registration of Easement

Upon approval, the new easement is registered, and the survey plan becomes part of the property's title records. The rights and obligations associated with the easement are legally recognized, and the affected properties are bound by the terms outlined in the easement documentation.

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