What Are Easements, And Can Your Neighbour Place One On Your Property?

If you own a property, there is a great chance it is subject to an easement. These can be relatively new or might be 100 years old as well. Recently, easement in property law has been a very hot topic. In order to be effective, an easement needs to be recorded. It implies that it is placed on the record with the country where your property is situated. A recorded easement needs to show up on the title history of the property.

Imagine you are just about to close on a new house, and an easement is found during the title search. And you come across that it gives another person the right to access your property, and you can do nothing about it! Discouraging, right? Let us dive deeply into this and check out our options in this dilemma.

What is an easement?

An easement agreement is a real-estate concept that speaks about a scenario in which one group uses the property of another party, where a fee is paid to the property owner in return for the right of easement. Most of the time, these are bought by public utility organizations for the authority to erect telephone poles or run pipes. However, while the charges are paid to the property owner, an easement on property WA can negatively affect property values.

How does it work?

It grants an entity or individual the right to access the property within the specific guidelines. For example, local utility companies generally have easements that allow them access to cables or power lines that cross over your property. If you are the easement holder, you may access the property you don’t legally own.

Easement holders are not trespassers

Generally, when one party wants over onto another party’s land without authorization, the act is illegal trespassing. However, it implies that the invader party interfered with an owner’s rights to the land. While the easement is with the trespassing group or person, the owner cannot claim the act as illegal or interfere with the exclusive possessory rights to the land.

Even though the easement holders do not hold the land, they can come onto it for a certain purpose. Therefore, when anyone utilizes an easement, the owner’s rights are no longer exclusive, and the holder of easements on property is not trespassing.

A property owner is not defenseless. If someone with an easement comes into their property exceeds their rights and causes damage, the owner may have remedies under the law. Get in touch with Property Lawyers Perth for expert assistance.

How to check an easement on a property

Ideally, you should know the basics of Easements Property Law. That being said, here are some of how you can check easement on property:

• Contact the utility organizations to see if they have any easements on the property.
• Get a survey of the property to see if there are any easements where they are located.
• Proceed to check with the country clerk to determine whether the prior deed is an easement.
• Get a title company to do a title research on the property.
• Ensure to get a warranty deed from the owner, as it must show any property law easements in Perth.

Does my neighbor have an easement?

Based on the kind of access easement that your neighbor has, you may be able to answer whether your neighbor has an easement and if you should contact Best Property Lawyers in Perth. There is never any room for guessing. If you are hit with the concern, consider speaking to an expert and discuss what you have in mind.

An express easement, such as a deed, will be written somewhere in writing. As far as determining the extent or scope of an easement, the terms may be stated in writing or evident from the easement itself. The best way to understand all this is to seek professional assistance from top property lawyers in Perth.

Wrapping Up

So, there you have everything you need to know about easement agreements. It might be difficult to understand the ins and outs of such an agreement. Therefore, getting in touch with Perth property lawyers for better clarity is advisable.