Easements: What you need to know
What are Easements? Here’s what you need to know before purchase.
An Easement is the right for someone to use part of someone else’s land for a specific purpose.
Examples include:
Easements to Drain Water or Sewer through an adjoining property
Rights of Access
Easements for Support
Easements for Encroachments
The first thing to know about easements is that they can have a big impact on whether or not you can develop a block of land. Easements can either burden or benefit a block of land. For example: You may have a drainage easement which gives somebody else to drain water over your land, but also gives you right to drain water over someone else’s.
Councils often require easements in place before you can develop your land, whether it’s building an extension or subdivision.
Image: Access easement.
Checking for an easement
When you purchase land, your solicitor or conveyancer should let you know if there are any easements on your land. Easements could affect your decision to purchase a property if you plan to subdivide or extend a home. Easements can also prevent issues with neighbours by setting out the legal rights and responsibilities of both parties in black and white.
If you’re unsure about property and you need some advice about an easement, contact us to arrange a Identification Survey.
Creating an easement
An easement plan needs to be prepared by a Registered Surveyor.
We can assist you with creating a proposed easement or releasing an existing easement. We can also prepare the necessary plans and documentation to register with NSW Land Registry Services including:
Easement Plans
88B Instruments in collaboration with a Solicitor
We can manage the process by working with trusted professionals such as Solicitors, Town Planners and Engineers to ensure a smooth transition through to registration with NSW Land Registry Services.
Get the advice you need so that you can get the best out of your land
Our Registered Surveyors can help you assess, create or release an easement.
