Section 88B instrument

A Section 88B instrument is a legal document created under section 88B of the Conveyancing Act 1919 (NSW) that accompanies a deposited plan when it is registered with NSW Land Registry Services. It is the mechanism by which easements, restrictions on use of land, and positive covenants are created or released on individual lots at the time of subdivision.

The 88B instrument identifies each lot burdened, the benefited party (a neighbouring lot, a statutory authority, or the public), and the full terms of each encumbrance. It must be signed by the owners of both the benefited and burdened land before it can be lodged. Once the deposited plan is registered, the encumbrances described in the 88B instrument appear on each affected lot’s Certificate of Title. Only properties created via deposited plan after the 1960s will have a Section 88B instrument; earlier properties may have equivalent instruments recorded elsewhere in the title chain.

Also known as: 88B instrument, Section 88B, s88B instrument.

Category: Approvals, Conveyancing.

Related

• Easements and restrictive covenants on residential title
• Deposited Plan (DP)

See also

• Submitting a DA in NSW, step-by-step
• Section 10.7 planning certificates NSW

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Last updated: 2026-05-09. Verified: 2026-05-09.