Easements can be complicated and should be reviewed and lodged by a solicitor. We have many years of experience drafting and lodging all types of easements. Easements can be required by the counsel or by land owners that need to access common property across lots. The correct drafting of easements is critical to ensure that a property has the access required. There are many instances where easements have not been registered properly and lots have been unable to access roadways or other services. Call us if you have a need for an easement or need an easement searched or reviewed.
An easement creates a right of a party that is not an owner of the property. Easements can be used on shared driveways, or for services that need to run across a property to enable another lot to have access to utilities.
As part of our conveyancing service, we will review the title search and identify if there is a registered easement over the land. If an easement is registered, we recommend you instruct us to undertake an additional search of the easement, to understand the terms and conditions.
There may be restrictions placed on how you can use the property and the land the easement covers. This can include building on the easement. When applications for development approval are lodged, any registered easements will be taken into consideration.
You may not be able to build in an area that would restrict access to the easement, or to fence off a right of way to prevent access. Other types of restrictions may apply – for example, you may not be able to plant certain types of trees on or near a water pipe.
Short answer, yes. Every easement or encumbrance (registered or not) must be disclosed in the Contract for sale. Generally under the standard contract terms, if you do not and the buyer discovers an easement or encumbrance, which affects the property that was not disclosed, the buyer may be able to terminate the contract.
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