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EASEMENTS

An easement is a legal right to use another person’s land for a specific purpose in circumstances where they are not the land owner. A common example of this would be a shared driveaway.

 

Generally, an easement is commonly used to secure rights of access & use of the land for utilities and infrastructure which include, amongst other things, electricity lines, telephone lines, sewage and stormwater pipes and access methods such as driveways and footpaths.

 

When selling a property, it is incumbent that the seller provides full and frank disclosure of any easements which relate to the subject land in the contract documents. When dealing with Easement matters it is prudent that you obtain legal advice with respect to the terms of the easement and what affect it may have on your property.

OUR EXPERIENCE INCLUDE...

  1. Advising on all aspects of easements and covenants including rights of way.

  2. Preparation of section 88B easement instruments.

  3. Preparation of positive covenants and other easement terms.

  4. Acting in Supreme Court proceedings in relation to easement or covenant matters.

  5. Pursuing or Defending claims pursuant to section 88K of the Conveyancing Act and section 40 of the Land & Environment Court Act.

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