An easement denotes a right connected to a piece of land allowing a person(s) or company to make use of the land in a specific manner or to confine its use in spite of the fact that the land is held by someone else.
Following the Transfer of Land Act (WA) 1893, registration of easements can be done against freehold or Crown land. Easements can be expressed as well as implied easements. An easement made by an agreement between the parties could be an example of an express easement; and an implied easement comes about when there is a specific course of conduct over time.
The easement types that you may register are diverse and could be as straightforward as carriage way to the right of taking water from a bore or well to the right of installing, maintaining and operating oil and gas as well as other pipelines. Our lawyers , rendering service on property law easements Perth are always there to help you with the legal advice on easements.
In order for an easement to be able to be registered, the easement must include numerous key elements, such as: (1) A dominant and a servient tenement must be present (2) There must be separate ownerships for the dominant and the servient tenement, unless it is a case of subdivision easements formed under Part IV A of the Transfer of Land Act (WA) 1893 (3) The dominant tenement must be benefited by the easement and a commitment of the servient tenement must be imposed (4) The easement formed must have the ability to be transferred with the land (5) The positions of dominant and servient tenements must be adjoining.
Our vital role in rendering effective consultation on easement
Property Lawyers Perth is much experienced in assisting and advising clients in respect of easements, involving: (1) Formation of express easements by deed (2) Formation of express easements by integration into a Transfer (3) Formation of Easement on Subdivision Plans under Part IV of the Transfer of Land Act (WA) 1893 (4) Dispute on the subject of easements (5) Registration and elimination of easements.
If you need legal advice with respect to easements, you may contact cheap property lawyers Perth through email or phone.
REQUEST A QUOTE NOW!