Two important but often misunderstood legal and survey instruments in NSW are the Lease Plan Survey and the 88b Instrument. Geo Point Surveyors helps property owners, developers, and solicitors navigate both with clarity and precision.
What Is a Lease Plan Survey?
A Lease Plan Survey defines and records the boundaries of a leased area within a building or on a parcel of land. It is commonly required for commercial, retail, and industrial tenancies where the leased space does not correspond to a single Torrens title lot.
Common applications of a Lease Plan Survey:
Commercial office and retail tenancy leases
Ground lease arrangements for industrial land
Long-term Crown land leases
Marina berth and carpark leasing arrangements
When Is a Lease Plan Survey Required?
A Lease Plan Survey is generally required when a lease exceeds three years in NSW and the leased area is not already a separately defined lot on title. The plan must be registered with NSW Land Registry Services.
Commercial lease terms of three years or more
Part-lot leasing in shopping centres or office towers
Lease renewals affecting registered title documents
Finance or security arrangements over leased areas
Understanding the 88b Instrument
An 88b Instrument is a document created under Section 88B of the NSW Conveyancing Act 1919. It is lodged alongside a deposited plan to create or modify easements, restrictions on use, or positive covenants over land.
What an 88b Instrument can establish:
Drainage and stormwater easements
Right of carriageway (access roads and driveways)
Restrictions preventing certain types of development
Positive covenants requiring ongoing maintenance obligations
Easements for services such as gas, electricity, and telecommunications
How Geo Point Surveyors Assists
Preparing a Lease Plan Survey or 88b Instrument requires both legal and survey expertise. Our team works closely with solicitors and conveyancers to ensure all documents meet NSW Land Registry requirements.
Preparation of lease plan drawings to Registry standards
Accurate boundary and area calculations for the leased space
Drafting of 88b Instrument schedules in coordination with legal teams
Lodgement support and liaison with NSW Land Registry Services
Contact Geo Point Surveyors
If you need a Lease Plan Survey prepared or an 88b Instrument drafted, Geo Point Surveyors is your trusted partner in Sydney. Reach out today for a tailored proposal.
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