Section 88B Instruments
Search a section 88b Instrument by address
At Title Check, we strive to help property owners learn as much as possible about a property's features and dimensions. We provide crucial information and documents that every property owner should have. When you've finished reading, you'll know what an 88b instrument is, why you need it, and how to search for one.
What Is An 88b Instrument?
Section 88B of the Conveyancing Act 1919 relates to the creation and release of affecting interests. Please note that this can only occur upon the registration of a deposited plan with the Title Check Services.
It is responsible for creating easements, profits à prendre, restrictions on the use of land, and positive covenants.
A section 88b certificate includes height limitations to define the stratum of an easement. It also details the profits à prendre, restrictions, and covenants.
It also often focuses on services such as drainage and water, but it can also often relate to the right of a carriageway over land.
The 88B Instrument clarifies who benefits from — and doesn't benefit — from the terms of these restrictions.
These restrictions are attached to the property at the time of its sale. So, if you buy a property with such restrictions, you must obey them.
Why You Need An 88b Instrument
Your property's 88b instrument will tell you what you can and can't do with it. Knowing your obligations as a property owner allows you to rest easy, knowing you comply with development consent requirements.
- Easements: Easements grant someone who doesn't own your property the right to access and use it for a specific purpose.
- Restrictions on Use: These restrictions limit how you use your property/land. These limitations often include building height restrictions and the creation of permissible businesses on the property.
- Profits à Prendre: This is the right that an individual has to take natural resources from another person's land. Think grass, sand, minerals, fish, and game.
- Positive Covenants: Positive covenants are obligations that require landowners to make specific, positive actions that relate to the land. For instance, the requirement for you to maintain a communal structure or area would count as a positive covenant.
Begin Your Search with Title Check
It's incredibly easy to acquire your property's 88b instruments. Our services are straightforward, and you can access crucial documents in mere minutes.
Below, we've revealed how you can conduct instrument searches using our website.
Visit and Navigate
Start by opening the Title Check website on your laptop or mobile phone. From here, you should navigate to our 88B Instrument page.
Select Your State
At the top of the page, you'll see an input field with different categories above it. These categories represent a state in Australia. You can conduct instrument searches within the following states:
- New South Wales
- Queensland
- Victoria
- Western Australia
- South Australia
- Northern Territory
- Australian Capital Territory
Enter Property Address
Pick the correct state and enter the address of any property. Click the 'Search Now' button, and a new results page will appear.
On this page, you'll find all available plans associated with the property, including the property's 88b instruments.
Make a Payment
Then, you just need to make a small payment, and we will send your documents directly to your inbox.
Note: you must conduct your searches manually if you use plan numbers.
Begin Your Search with Title Check
Feel free to contact us if you need help finding the property you want. Start searching with Title Check today!
