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When buying property, you may come across some unfamiliar terms such as conveyancing, pre-settlement inspection, or trust account. Do you know what an easement is? Here’s a guide to easements, so you understand what it is in case it pops up on your next property transaction.
An easement is the right to cross or use a portion of someone else’s land. This can mean that you can’t build over that easement of land because it contains essential services. As a property developer, you need to full understand easements before you purchase a property as it can impact the financial viability of your project. You can find the necessary information on the property title.
There are different types of easements, such as a carriageway or a shared driveway. Often, these easements prevent the lot without road access from being landlocked.
Right-of-way easement is where people can pass through a portion of land on the property.
An easement of services conveys essential services, such as electrical, water, gas or phone lines in a community.
Easements of support involve excavations such as the establishment of natural gas lines power, drainage pipelines, and telephone lines.
Easements of light and air may restrict construction in favour of another’s access to light, air or view.
Rights pertaining to artificial waterways and sewerage deals with rights and restrictions for canals, sewerage, and waterways.
Disputes can arise when it comes to easements especially when an easement favours one landowner over another. In case of disputes, independent legal advice must be sought to clarify the right and obligations of each party. Legislation can vary as well so check with your region or council. When a property is being purchased, a conveyancer or lawyer could determine whether any easements are registered on the title and if it impacts your intended use of the land.
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