Section 88BB — Conveyancing Act 1919 (NSW)

(1) A plan lodged for registration or recording under Division 3 of Part 23 after the commencement of this section is, for the purposes of section 88B(2)(c), taken to be intended to create cross-easements if—
(a) a boundary of a lot is shown in the plan as passing longitudinally through the whole or any part of a wall, and
(b) the wall is described in the plan as a “party wall”.
(2) The benefit of such an easement is appurtenant to each lot shown in the plan as consisting of or including a portion of the wall.
(3) Each lot shown in the plan as consisting of or including another portion of the wall is subject to the burden of the easement.
(4) The easement entitles each person for the time being having the benefit of the easement to the continued existence of each portion of the wall—
(a) that is necessary for the support of so much of the building as is contained within the lot to which the easement is appurtenant, and
(b) that consists of or is included within another lot which is subject to the burden of the easement.

Related sections

• s 88AC — Other easements and restrictions appurtenant to easements
• s 88A — Easements in gross
• s 88BA — Positive covenants for maintenance or repair
• s 88B — Creation and release of easements, profits à prendre and restrictions on use of land by plans
• s 88C — Restrictions relating to brick construction
• s 88D — Regulation of use of land held by a prescribed authority

Research how courts apply s 88BB

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.