When buying for the first time, you may come across some terms which are unfamiliar. One of these words is easements. You should be aware of the possibility of an easement or right of way being on the property you have or are purchasing. Generally, easements and right of ways are registered on the certificate of title, noted on the registered plan and instruments, and / or shown on sewerage diagrams, and they remain part of the land over the years as it is bought and sold. Being aware of an easement is advisable as they may impose restrictions on land.

Meaning of Easement

Easement: An easement is an interest registered on title that gives a landowner who does not own the property, or a statutory authority (such as local council), a right to use the land for a specific purpose. It is essential to be aware of an easement as they can restrict how landowners use their property.

Examples of easements include:

• a right of carriageway (right of way) a right for a person authorised to access specified parts of another persons land at any time – example; a shared driveway used for a battle-axe block;
• a cross-easement which provides neighbouring properties reciprocal rights to use each other’s property – for example; mutual support of a structure such as a party wall between duplex or terrace houses;
• an easement for services such as electricity, water or sewerage – the easement may be over or under the property and may run parallel at the rear or side of a property – example; sewer pipes laid underneath the land by the local water authority or an overhead electricity transmission line.

What is the effect of an Easement?

An easement provides certain rights and restrictions and as such it is vital purchasers and home owners understand the easements on their title and the impact an easement will have on the land they are about the purchase.

A party who is lawfully authorised to benefit from an easement, such as the neighbour with a right to use your driveway to access his or her property, and who uses the easement in the prescribed manner, will not be liable for trespass. As the owner of the servient tenement you must not interfere with or restrict these rights.

If an authority has an easement registered over your land, such as an easement for electricity or sewerage services, then the authority will have the right to access your property and to carry out repairs and maintenance on the easement.

An easement will also impact on your building and development plans. Owners are generally prohibited from building over or too close to an easement or must obtain approval from the authority who owns the easement to do so. If a structure is built over an easement without permission or where permission is denied, then the owner will be legally required to remove the structure.

Understanding the complexity of easements and how they impact a property can be difficult. Reach out to In The Hill Conveyancing to understand your rights and restrictions.