Your complete guide to easements on property

When you buy real estate for the first time, you sometimes come across a bunch of unfamiliar terms.

What’s conveyancing? What’s a pre-settlement inspection? What’s a trust account?

And another term that is probably relatively unusual to new developers or investors is “easement”.

So, in this article we’ll outline what an easement on property is, so that you’re not left scratching your head if it ever pops up during your next real estate transaction.

What are easements and why are they important for developers?

Road planning

The legal definition of an easement is “the right to cross or otherwise use a portion of someone else’s land.”

But what does that mean exactly?

Well, it can mean that you can’t build over that portion or easement of land because it’s almost like sacred ground.

Now that doesn’t mean that your new property is located on an old cemetery or burial ground.

It means that the easement is perhaps land that contains essential services.

That’s why it’s vitally important for small developers to thoroughly understand easements before they purchase a property because it can have an impact on whether the project is still financially viable.

Buyers can usually find the necessary information on the location of any easements on the property title.

What are the different types of easements?

How much can I borrow

An easement is the right over another person’s land for a specific purpose, but what are those purposes?

One example is a carriageway. This easement is an old term for what is essentially a shared driveway.

Most commonly these easements prevent the lot without road access from being landlocked.

In most cases, an easement will burden one lot while benefiting another. If we look at the example of a carriageway, the easement will burden the lot it is over, but benefit the lot that it allows access to.

Examples of different easements include:

  • Right-of-way easement (easement of way) – is where people are allowed to pass through a defined strip of land on the property.
  • An easement for services – is to convey essential services to a community of people. E.g. electrical, gas, water, or telephone lines.
  • Easements of support (pertaining to excavations) – similar to an easement for services but will require excavation works e.g. establishment of drainage pipelines, natural gas lines power, telephone lines.
  • Easements of “light and air” – this may restrict the construction of walls or buildings in favour of another party’s access to light and air (or views in other words).
  • Rights pertaining to artificial waterways and sewerage – this deals with rights and restrictions for waterways, canals or sewerage.

Can I dispute an easement on a property?

discussWhen it comes to an easement on property, just as there are many different types, there can be disputes that arise, especially when the easement favours one landowner over the other.

If there are easement disputes, it’s recommended that independent legal advice is sought to ensure that each party’s rights and obligations are clarified.

Legislation regarding easements can vary so it’s important to source legal advice in the relevant state or territory that the property is located.

In Queensland, for example, to enable the rights of an easement to be enforced, it must be registered on the title of the land burdened and the land that benefits from the easement.

It’s also recommended that when a property is being purchased that your conveyancer or lawyer determines whether any easements are registered on the title and, if so, whether there is any impact by the easement on your intended use of the land.

An easement can only be changed or removed when both parties agree to it. If no agreement can be reached, the matter can be taken to court for a decision.

Developers must also apply to the relevant government department for permission to have an easement removed or changed. 

Intuitive Finance – the smart choice

Investing in, or developing, property can introduce you to a number of relatively obscure concepts.

Easement is one such term that might be unfamiliar but it’s vitally important that you understand what they are and how they can impact your development plans.

The world of banking and finance can be a pretty daunting one for both novice and sophisticated investors and since our establishment in 2002 we’ve focused on providing outstanding service and business standards.

This approach was vindicated when we were named Victoria’s Best Finance Broker at the 2017 Better Business Awards.

So if you’re considering investing in, or developing, property, why now contact Intuitive Finance today to ensure you have the right information and expert support on your side no matter what stage of the property ownership journey you are on.

Discuss your specific needs & formulate the right strategy for you. Get in touch to organise your complimentary 60min session today!

Disclaimer:

The information provided in this article is general in nature and does not constitute personal financial advice. The information has been prepared without taking into account your personal objectives, financial situation or needs. Before acting on any information you should consider the appropriateness of the information with regard to your objectives, financial situation and needs.

Andrew Mirams

Andrew Mirams

Andrew Mirams is the Managing Director of Intuitive Finance and is a highly qualified mortgage advisor who holds dual diplomas in Financial Planning (Financial Services) and Banking and Finance (Mortgage Broking). Andrew’s expertise covers all aspects of lending for a diverse range of applications – from first home buyer loans or property upgrader loans, property investor loans, expatriates and loans for self-employed. With almost 30 years of experience, Andrew has been acknowledged by the mortgage industry as one of its best performers with multiple awards including regularly featuring in both the top 100 mortgage brokers list and Top 50 Elite business writers. Andrew was voted Victoria's favourite Mortgage Broker at the 2015 Investors Choice Awards, and won again for the same category at the 2017 Better Business Awards. The team at Intuitive Finance has also figured prominently by winning the 2016 "Best Independent Office (<5 brokers)" and "Best customer Service" Awards, and more recently at the 2017 MFAA National Awards, they also took out the "Best Customer Service" Award, a recognition which speaks for itself! Visit Intuitive Finance for more information.
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