Draft 88B Instrument
A draft Section 88B instrument supports the documentation of proposed easements, restrictions or positive covenants associated with a plan.
5 star
Professional Service
Understanding draft 88b instrument
A draft Section 88B instrument supports the documentation of proposed easements, restrictions or positive covenants associated with a plan. The survey plan identifies the relevant areas, while the instrument addresses the proposed terms. The two documents need to be coordinated for the actual project.
SurveyWorx can discuss preparation of a draft for review by your legal professional. Provide the plan, consent requirements and instructions from your solicitor or project team. A draft is not a registered instrument, and its legal effect should not be assumed before the required review and registration process is complete.
Prepare your draft 88b instrument enquiry
To scope your draft 88b instrument enquiry, provide:
- The current survey or subdivision plan and relevant easement details
- The consent conditions or written requirement for the instrument
- Draft wording and instructions from your solicitor, where available
- Details of the project advisers coordinating review and lodgement
See easement plans if the area itself needs survey and definition. Agree who will review wording, obtain required consents and coordinate lodgement. Refer questions about enforceability or an existing registered instrument to your legal adviser.
FAQs
Our answers to your questions.
Is the draft the final legal instrument?
No. A draft is prepared for review and coordination. Your legal adviser should confirm the wording and required parties, and the project team should confirm the review and registration steps. Do not treat draft text as evidence that rights have already been created.
What information is needed to prepare the draft?
Provide the current plan, relevant consent conditions and the proposed easements or restrictions. Include instructions or draft terms from your solicitor. SurveyWorx can discuss how the survey references and draft documentation need to align.
Can you explain an existing 88B instrument on my title?
Provide the title, registered plan and instrument and explain the survey information you need. SurveyWorx can discuss the relevant plan references. Advice about the legal meaning, enforcement or alteration of the recorded terms should come from your solicitor.
Plan the next step
Related services
View all surveying services or discuss your project requirements.
Surveying across Sydney
Explore our Sydney-wide region and suburb directory. We service sites across the city, from the northern and eastern suburbs to Western Sydney and the south-west. Share your suburb and project stage to discuss the right survey scope.
Get a Quote