An easement is a right applying to land. Easements allow someone access to land that they don’t own, for a specific non-exclusive purpose. They are typically used to secure rights of access & use of the land for utilities and infrastructure. Some examples include electricity lines, sewer/stormwater pipes and access ways (such as driveways or footpaths).
Understanding easements in NSW and how they affect property is often complex and difficult. Obtaining easements, either through negotiation or the Court process is even more complex and difficult. Our team of lawyers has been assisting with obtaining easements through the Court process since the inception of s88K of the Conveyancing Act and S.40 of the Land & Environment Court Act.
Made between the owners of two or more parcels of land. The dominant tenement is the land that obtains the benefit of the easement, whereas the servient tenement is that land that is burdened by the easement.
Created in favour of the Crown or a public/local authority constituted by an Act of Parliament. This type of easement doesn’t have a dominant tenement.
The Crown: the collectivity of the institutions of government.
Advising on the impact of easements, covenants, rights of way on both servient and dominant tenement
Considering and advising on registered, implied and prescriptive easement rights
Preparing of Section 88B instruments
Drafting positive covenants and other easement terms
Litigation in the Supreme Court to resolve easement or covenant issues
Preparing, negotiating and, where required, taking proceedings to obtain easements over adjoining lands pursuant to S.88K of the Conveyancing Act and s.40 of the Land & Environment Court Act
If you are looking for an easement specialist in Sydney, we can help. For more information on matters related to easements, call us on 02 8318 0788.
An easement is the right over someone else’s land and can include a private or public right of way, such as a footpath or access road, or a right to access utilities such as water supply or gas/electricity supply.
You can contact the NSW Land Registry Services to check if there are any easements on your property and what the details are. Otherwise, the team at Hones can make enquiries for you.
A right-of-way is a form of easement that allows another person to pass over your land. The terms of a right-of-way will usually permit this to be done by foot or by vehicle.
An easement may sometimes be able to be removed, but it is important to comply with correct procedures. Hones Lawyers regularly advises and assists clients in removal of easements
The terms of an easement will specify who has the power to vary it. It could be either a private landowner or a public/local authority.
The land which bears the burden of an easement is referred to as the servient tenement. The land which benefits from the easement is called the dominant tenement and the servient tenement. For example, if you have the right to drive over your neighbour’s land to access your property, then your land is the dominant tenement and the neighbour’s land is the servient tenement.
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