What is an Easement?

When it comes to discussing your property with your legal advisor they may well mention Easements. But what do they mean?

An Easement grants the right for a person (or entity) to use someone else’s land for a specific purpose. The land that is subject to the Easement, has the burden of it. The land (or entity) in which the Easement is in favour of, has the benefit of it. This is not the grant of ownership in the land, but of an interest in it, the interest being the rights created by the Easement.

The Easement may be registered on the title to the burdened land, meaning it would apply to subsequent owners, or it may be unregistered, meaning it generally only binds the parties that agreed to it. The terms of the Easement are set out in the Easement instrument, or if it is an unregistered Easement then the terms may more informally be set out in correspondence between the parties.

The most common Easement you may come across is a right of way (ie. shared drive) and services (ie. Stormwater drainage) Easement. This grants the benefiting landowner (or entity) a right of access and a right to lay and maintain their actual services along the easement area. The landowner having the burden of the Easement, would not be able to obstruct the use of the easement.

It is always important to know what Easements affect your property, and to understand your rights and obligations in relation to these. Please feel free to contact us if you have a further query about an Easement.

By Jaqueline Mayer | Solicitor BCH Law
The information contained in this article is provided for informational purposes only and should not be construed as legal advice on any subject matter.

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