The Land, Water and Other Legislation Amendment Act
2013 (Qld) (the "Act") commenced on
14 May 2013 amending several pieces of Queensland Legislation
including the Land Title Act 1994 (Qld) (the
"LTA"). These amendments were developed
as part of the Queensland Government's renewed commitment to
reduce red tape on business and the community.
A new Part 6, Division 4AA was inserted into the LTA which
provides for the recording and registration of statutory easements
over small 'terrace type' housing lots of no more than
300m2 and containing buildings with shared common walls.
These new statutory easements are to be called 'High-Density
The Law prior to Amendment
Prior to the commencement of the Act 'terrace type'
housing lots were created as standard format lot subdivisions. The
LTA statutory easement provisions for the community titles schemes
did not apply and such developments required the utilisation of
multiple two party easements, for support, services and
projections, party walls and minor encroachments which were then
surveyed and registered on the title of the developed lots.
The Law after the Amendment
The Act provides for the registration of statutory easements
over small housing lots which contain buildings with shared common
Under the new provisions, developers will only be required to
register a simple document on the title of the lots to have the
benefit of the statutory easement. It will no longer be necessary
to carry out an easement survey or create a community titles
The Explanatory Notes for the Act suggest these amendments will
reduce the cost and complexity related to registering such
easements and will decrease subsequent conveyance costs for
prospective purchasers by eliminating the need to obtain copies of
registered easements and to seek legal advice as to the effect of
Easements that will be affected by the Act
To qualify as a High-Density Development Easement, the
must be created for one or more purposes being support,
shelter, projections, maintenance or roof water drainage;
may be created over adjoining lots, each with an area of
300m2 or less; and
may be created if the wall of a building is a shared wall.
High-Density Development Easements will only benefit or burden
each relevant housing lot to the extent necessary to give effect to
the purposes for which the easement is created.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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