When buying a property, it’s important to look at a number of items. One of those is understanding an easement on a property. Many people find it difficult to understand easements and the many legal problems that surround them. It is a complex area with some difficult terms and conditions. Here is some basic information to help.
What is an easement?
An easement is a section of land registered on your property title. It gives someone the right to use that parcel of land for a specific purpose, even though that third party doesn’t own it. If you have purchased a block of land that has an easement, you officially own the land, however you cannot build on the easement.
The majority of easements are affirmative. This means that they authorise the use of another person’s land. Negative easements are not as common, they typically involve preserving an individual’s access to view or light by putting a limit on what can be done on a nearby or neighbouring property.
In general terms, you are unable to build over the easement. If a specified third party required to gain emergency access it needs prompt access to the area. A build permit would need to be obtained.
An example of an easement may be sewerage infrastructure or other utilities. As the easement is still your property, you can use a utility easement for many things. You can plant gardens and bushes, landscape and construct fences. However, anything that is in the easement when a utility company arrives may be damaged or removed If it interferes with them performing maintenance on their facilities.
What should I do?
When purchasing a property or a vacant land, it’s always wise to have your contract of sale and vendor statement reviewed by a conveyancer or solicitor. They can identify if there is an easement and what type of easement it may be. As some can be quite complex to understand, please speak with a conveyancer or solicitor before proceeding. They aren’t necessary doom or gloom if your intention is to use the land as a back yard, but if it’s going to invade your house design and floor plans then this may be very problematic.
If you’re interested in buying a property we welcome the opportunity to help. You can contact us at anytime to discuss your objectives. We can assist you further.
While we have taken care to ensure the information above is true and correct at the time of publication, changes in circumstances and legislation after the displayed date may impact the accuracy of this article. If you want to learn more, please contact us. We welcome the opportunity to assist you.
August 2020
