The Section 88K Conveyancing Act

History

• Section 88k was an amendment to the Conveyancing Act implemented in the mid 1990s.
  
  

Four Conditions For An 88K Request

• Easements can only be granted under Section 88k if four conditions are met: the easement does not conflict with public interest; the land owner giving up the easement is reasonably compensated; the land owner getting the easement has a reasonable necessity to acquire it for the sake of their property's development; and all other options have been attempted to secure the easement.
  
  

Impact

• After Section 88k became law in New South Wales, several dozen 88k requests were made in the first few years of its existence, usually regarding temporary access during construction or rights of way for power lines or drainage.