Three documents tell you almost everything legal about a block of land in NSW: the title (who owns it and what’s registered against it), the Deposited Plan (the survey — boundaries and dimensions), and the Section 88B Instrument (easements, restrictions and covenants). Learning to read them turns you from a hopeful buyer into an informed one.
1. The Torrens title (Certificate of Title / folio)
NSW uses the Torrens system under the Real Property Act 1900, administered by NSW Land Registry Services (NSW LRS). Since 2021, titles are fully electronic, paper Certificates of Title were abolished, so you obtain a title search rather than a paper deed. A title search shows:
- Lot and Deposited Plan number (e.g., Lot 12 in DP 1234567) — the legal description.
- Registered proprietor — the current owner.
- Second schedule — registered mortgages, easements, covenants, caveats and notifications affecting the land.
2. The Deposited Plan (DP)
The DP is the registered plan of subdivision, prepared by a Registered Land Surveyor. It shows:
- Lot boundaries and dimensions (frontage, side and rear lengths, area),
- Easements marked on the plan (e.g., “easement for drainage 2 wide”),
- Roads, adjoining lots and reference marks. Reading the DP tells you the block’s true shape and where easements sit which are critical for working out your buildable envelope.
3. The Section 88B Instrument
Created with the DP under the Conveyancing Act 1919 and registered with NSW LRS, the 88B sets out:
- Easements — rights over the land (drainage, sewer, electricity, access) and who benefits/who is burdened.
- Restrictions on the use of land — e.g., building envelopes, acoustic requirements, fencing/materials, single‑dwelling restrictions.
- Positive covenants — obligations (e.g., maintain a structure). This is where a large‑looking block can turn out to have a limited usable area.
4. How to obtain and read them
- Order a title search, DP and 88B through NSW LRS (via an information broker or your conveyancer/solicitor).
- Cross‑reference the easements on the DP with the 88B wording and your intended house footprint.
- If anything is unclear (a covenant, a restriction, a benefiting party), ask your solicitor before you exchange.
🏛️ Official NSW Framework Check
- NSW Land Registry Services — title searches, Deposited Plans, 88B instruments.
- Real Property Act 1900 (NSW) — the Torrens system.
- Conveyancing Act 1919 (NSW) — Section 88B.
Summary — what each document tells you
| Document | Tells you | Watch for |
|---|---|---|
| Title search | Owner, lot/DP, mortgages, easements, caveats | Encumbrances in the second schedule |
| Deposited Plan | Boundaries, dimensions, easements, area | Frontage, easement locations |
| Section 88B | Easements, restrictions, covenants | Building envelope, use restrictions |
👉 Get help reading the paperwork
Send us a lot and our team will help you interpret the title, DP and 88B. Call @ 1300 823 796 or download the free Due Diligence Guide.
References
- NSW Land Registry Services — title, DP & 88B searches — nswlrs.com.au
- Real Property Act 1900 (NSW) — legislation.nsw.gov.au
- Conveyancing Act 1919 (NSW), s88B — legislation.nsw.gov.au
Disclaimer: General information only, current as at the date of publication. Not legal, financial or planning advice, and it does not consider your circumstances. Planning controls, hazard mapping and legislation change over time — verify the current position with the relevant NSW authority and obtain advice from a licensed conveyancer/solicitor and other qualified professionals before acting. Impressive Property Developments accepts no liability for reliance on this information.
