The Role of Easements in Perth Real Estate: What You Need to Know

January 10, 2024    propertylawyersperthwide
The Role of Easements in Perth Real Estate: What You Need to Know

Imagine owning a beautiful piece of land, your little slice of paradise. But what if your neighbour needs to access their property through a portion of yours? Or there’s a power line running across your backyard. This is where land act easement consultation Perth comes in – legal rights that grant someone else the ability to use part of your land for a specific purpose.

 

In a real estate transaction, locating and comprehending easements is crucial in the conveyancing procedure. Buyers should ensure they are aware of the influence an easement will have on the land they are about to purchase, as vendors must disclose in a property contract all easements affecting the land they offer to sell.

What Is an Easement On Property?

The legal right to utilise another person’s property for a certain use and duration is an easement. According to the conditions of the agreement, a person or organisation with an easement on your land is allowed access to your property. Going home requires an easement to cross someone else’s land. Easements are generally advantageous, even though they could seem problematic at times.

 

Property easements are only sometimes harmful; they may benefit both parties. However, it can also lead to problems and restrict property rights. You must thoroughly evaluate the easements on a potential property for your financial stability and safety. Your real estate attorney will locate any easements that could interfere with your planned acquisition and describe how they will affect how the land is used.

The Impact Of a Property Easement

Landowners who own property with registered easements should be aware of the legal ramifications of the rights and restrictions that come with them. A person who uses an easement in the way specified by law and who is legally permitted to do so—such as a neighbour with the right to use your driveway to access their property—will not be held accountable for trespassing. You are not allowed to restrict or interfere with these rights as the place’s owner.

 

An authority like property easement consultation lawyers in Perth will have the right to access your property and perform maintenance and repairs on any easements registered over your land, such as an easement for sewage or electrical supplies.

 

An easement will impact your plans for growth and construction. Generally speaking, owners can only construct over or too close to an easement with the authority that owns the easement’s consent. The owner of a structure built over an easement may be legally compelled to demolish it if permission is obtained improperly or is denied.

Typical Easement Types

Australia can have a variety of easement on property law, each with specific legal requirements and special characteristics. We go over the many kinds of easements found in Australia below.

  • Private Easements

For example, a private easement traverses a private lake to reach a distant private property. Another example would be private easements that cross private land at high tide to get to remote coastal property. This kind of easement may be used in some jurisdictions.

  • Access Easements

An access easement can grant access to a piece of land from public land, a road, trail, or public right of way.

  • Utility Easements

Utility companies need these easements to access and maintain their infrastructure, including water and electricity. There can be restrictions on the property owner’s ability to construct buildings or plant trees close to the easement area. For utility easements to be enforced, they must also be recorded on the title to the property.

  • Right-of-way Easements

With this easement, you can cross someone else’s land to get to another property. This is frequently applied to shared walkways, paths, and roads. For right-of-way easements to be upheld, they must be recorded on the property title.

  • Drainage Easements

The purpose of these easements is to permit water to move across properties. Natural watercourses or the building of drainage pipes can accomplish this. It might be forbidden for the property owner to modify the water flow or erect buildings inside the easement region.

  • Carriageway Easements

While these easements are made especially for vehicle traffic, they resemble right-of-way easements. Carriageway easements may be established for either public or private roadways; these may need constant upkeep and repair.

  • Solar Access Easements

The purpose of these easements is to shield solar panels and other solar equipment from direct sunlight. The property owner might be prohibited from erecting buildings that provide shadow or obstruct sunlight within the easement area.

  • Statutory Easements

Additionally, some statutory easements—like drainage, electricity, or phone lines—are not recorded on titles. People must obtain approval from their local government to build across a statutory easement.

  • Conservation easements

The purpose of these easements is to save the natural environment, which includes wetlands, forests, and wildlife habitats. There can be restrictions on how the landowner can use the property or change the way it looks naturally. Most conservation easements are voluntary and need the landowner’s approval.

Is It Possible To Contest A Property Easement?

Property disputes involving easements may take years to settle and may even go to court. If the owner consents or the easement has an expiration date, it might be simpler to end it. Thus, a pricey and drawn-out legal battle between neighbours might result. Get Easement Formation Legal Advice before contesting an easement.

Can Individuals Modify Easements?

Generally speaking, no. A privilege that can be established or terminated by consent between the dominant and subservient parties is known as an easement. But with the approval of both parties who consented to the easement, it can be altered. All parties interested in the easement, including mortgagees on the impacted title, must consent.

Terminating An Easement

An easement may become unnecessary or unnecessary in certain situations. In certain situations, it could be desirable and practicable for an owner to have a registered easement removed from the title to their land. Your property’s appeal and value may rise if a negative easement is removed. An easement may be terminated in several ways:

  • The parties impacted by the easement may decide to register their agreement with the appropriate land titling body and end the easement.
  • On the grounds of “abandonment,” the owner of the tenant in servitude may apply to have the easement terminated. This is demonstrated by the easement’s non-use and the dominant tenement owner’s determination to give up the easement.
  • When subordinate and dominant tenements are combined into one piece of land in specific situations.
  • For situations where the dominant land’s use changes, the servient land’s use of the easement ends or becomes outdated.

Conclusion

Property owners and their neighbours may have differing views about whether to grant or request a formal easement. Even when they have an easement agreement with neighbouring property owners, neighbours may accuse others of trespassing or showing contempt for their property. However, what will these people do if their arguments turn into legal issues?

 

An essential component of the conveyancing process is comprehending easements and their impact on property. Buyers, in particular, should ensure they are informed of the effect an easement will have on the land they are considering purchasing. During such cases concerning easements, you should always consult the best property lawyers in Perth.

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