Form 9 "Preparation Checklist - Easement" - Queensland, Australia

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Preparation checklist Form 9 — Easement
This checklist contains general information to assist practitioners complete a basic easement. It is not
intended to be a complete guide. For further information about the requirements of a Form 9 — Easement,
refer to Part 9 of the Land Title Practice Manual available at
www.business.qld.gov.au/industry/titles-
property-construction/titles-property/practice-manual.
Items
Item 1
Do the grantor and the registered owner on the title to the burdened lot agree?
Item 2
Do the servient tenement description and the easement description on the survey plan agree and is
shown as — for example Easement [identifier] on SP [number]. For the whole of the land insert the
full description of the lot.
Do the dominant tenement description and the description on the title to the benefitted lot agree?
Item 3
Is the interest being burdened shown — for example Fee simple, State Tenure, Unallocated State
Land?
Item 4
Is the interest being benefitted shown — for example Fee simple or State Tenure?
Item 5
Has the grantee been shown correctly and agree with the registered proprietor shown on the title
of the benefited lot?
Item 6
Is the consideration fully expressed? Note: Nil is not a valid consideration.
Item 7
Do the easement purpose and the covenants in an attached schedule or standard terms document
agree?
Item 8
Are the non-applicable clauses deleted?
Is the form signed and dated by all parties?
If executed under a power of attorney, is the attorney clause completed, showing the principal’s name,
the attorney’s name or the attorney’s position and the Queensland register power of attorney number.
If executed under a common seal, is it legible and capable of being copied?
If a company has executed without a common seal, are the company name and ACN/ARBN shown?
Are the designations of the signatories for a company shown?
Is the witness qualified in accordance with Schedule 1 of the Land Title Act 1994 and their full name
shown?
Office
Postal
Contact
Level 11, 53 Albert Street
GPO Box 1401
1300 255 750
(cnr Margaret Street)
Brisbane QLD 4001
info@titlesqld.com.au
Brisbane City QLD 4000
www.titlesqld.com.au
Preparation checklist Form 9 — Easement
This checklist contains general information to assist practitioners complete a basic easement. It is not
intended to be a complete guide. For further information about the requirements of a Form 9 — Easement,
refer to Part 9 of the Land Title Practice Manual available at
www.business.qld.gov.au/industry/titles-
property-construction/titles-property/practice-manual.
Items
Item 1
Do the grantor and the registered owner on the title to the burdened lot agree?
Item 2
Do the servient tenement description and the easement description on the survey plan agree and is
shown as — for example Easement [identifier] on SP [number]. For the whole of the land insert the
full description of the lot.
Do the dominant tenement description and the description on the title to the benefitted lot agree?
Item 3
Is the interest being burdened shown — for example Fee simple, State Tenure, Unallocated State
Land?
Item 4
Is the interest being benefitted shown — for example Fee simple or State Tenure?
Item 5
Has the grantee been shown correctly and agree with the registered proprietor shown on the title
of the benefited lot?
Item 6
Is the consideration fully expressed? Note: Nil is not a valid consideration.
Item 7
Do the easement purpose and the covenants in an attached schedule or standard terms document
agree?
Item 8
Are the non-applicable clauses deleted?
Is the form signed and dated by all parties?
If executed under a power of attorney, is the attorney clause completed, showing the principal’s name,
the attorney’s name or the attorney’s position and the Queensland register power of attorney number.
If executed under a common seal, is it legible and capable of being copied?
If a company has executed without a common seal, are the company name and ACN/ARBN shown?
Are the designations of the signatories for a company shown?
Is the witness qualified in accordance with Schedule 1 of the Land Title Act 1994 and their full name
shown?
Office
Postal
Contact
Level 11, 53 Albert Street
GPO Box 1401
1300 255 750
(cnr Margaret Street)
Brisbane QLD 4001
info@titlesqld.com.au
Brisbane City QLD 4000
www.titlesqld.com.au
Form and evidence
Have the correct form and version been used?
Are details of duty noted?
Are the lodger’s details shown?
Are all pages numbered consecutively?
Is a survey plan required to be lodged prior to lodgement of the easement form?
Does the preceding survey plan identify the easement as ‘proposed’? Note: if ‘proposed’ is not
shown, the easement form must be lodged.
Is the consent of a lessee on a Form 18—General Consent required to be deposited?
Is a court order required to be deposited?
Are there restrictive covenants?
If State tenure, is the Minister’s approval deposited and all requirements satisfied?
Easement involving a body corporate
If executed by a body corporate, is the execution under the seal of the body corporate and dated?
Is the name in the body corporate seal in accordance with s. 33(1) of the Body Corporate and
Community Management Act 1997?
Is the body corporate seal legible and capable of being copied?
Are the designations of the signatories shown?
If executed by other than two members of the committee — one of which must be the chairperson or
secretary (secretary or treasurer for small schemes) — is a copy of the authorising resolution, certified
by a committee member, deposited? See part [45-2060] of the Land Title Practice Manual for
information relating to execution by a body corporate of a Specified Two-lot scheme.
Is a certified copy of the resolution (required by s. 155 of the Body Corporate and Community
Management Act 1997) from the body corporate for the community titles scheme deposited?
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