Property Easements in NSW
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.
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Expert Advice on Property Easements in New South Wales
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).
How we can help
Acquisition of easements in NSW
Granting of easements
Easement disputes
S88k applications
Stormwater easements
Types of Easements
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.
Private Easements
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.
Easements in Gross
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.
How Hones Lawyers Can Help
Advice
Advising on the impact of easements, covenants, rights of way on both servient and dominant tenement
Rights
Considering and advising on registered, implied and prescriptive easement rights
Preparations
Preparing of Section 88B instruments
Drafting
Drafting positive covenants and other easement terms
Litigation
Litigation in the Supreme Court to resolve easement or covenant issues
Negotiation
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
Contact Hones Lawyers
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.
Property Easements in NSW
Frequently Asked Questions
What does Environmental and Planning Law cover?
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.
How do I know if there are easements on my property?
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.
What is a right-of-way over land?
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.
How do I remove an easement from my property in NSW?
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
Who can vary an easement in NSW?
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.
Which land has the benefit of an easement?
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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