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Registration of a dealing An easement may be created by the registration of a Transfer Granting Easement form 01TG (PDF 592 KB), or by Lease form 07L (PDF 234 KB), National Mortgage form or Charge form 06C (PDF 163 KB). A grant of easement over Old System land must be made by a valid deed.
An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan. General requirements certain conditions must be satisfied before an easement can be created.
An easement does not grant ownership of the land. For Crown land, this means that a range of third parties can use the land for a variety of activities, while the State of New South Wales continues to own the land.
Vermont Statutes, Title 19, Section 702 reads, ?the right-of-way for each highway and trail shall be three rods wide unless otherwise properly recorded.? A rod is a unit of measure equaling 16.5 feet, so the assumed minimum width of the right-of-way is 49.5 feet.
A common issue with shared driveways in NSW is, ?who is responsible for the maintenance?? Depending on the circumstances and how the easement was created, it is generally the responsibility of the dominant tenement to maintain the easement site in the same way they would manage the rest of the attached land.