News / Your Guide to Easements when Buying a Property

Your Guide to Easements when Buying a Property

Guide To Easements When Buying A Property

An easement, in legal terms, refers to the right to cross or use somebody else’s land for a specified purpose. The term may present itself in the context of property buying, by which a property may be ‘benefited’ or ‘burdened’ by an easement. The owner of the burdened property continues to own their land, however whoever owns the benefited land holds certain rights over the area of the easement.

Want to find out more about the different types of easements and what they could mean for you when buying property? Find out with the Gold Coast Conveyancing team at Crest Lawyers.

Right of carriageway or right of access

A commonly utilised form of easement is a right of carriageway or right of access.

What does this entail?

  • It’s where you have the legal right to pass over your neighbour’s land to be able to access your own property. To define it further, imagine you live on a battle-axe block (or perhaps you already do).
  • You need to pass over the front property to access your property at the back.

Easement for services, repairs and maintenance

Let’s say your power and/or electricity lines pass through your neighbour’s property in order to connect and service your own property. As the owner of the benefited land, it’s your legal right to keep your services on that land, and your neighbours have no substantiated right to interfere in doing so.

Following on from an easement for services, you can also have an easement for repairs and maintenance. This is where structures on your land (like a garage of house itself) are extremely close to the boundary of your neighbour’s property, making it necessary for you to go onto your neighbour’s property to carry out repairs and maintenance on your property.

Easement to drain water

Last but not least is an easement to drain water (typically stormwater). In this case, the drainage for your property goes through your neighbour’s property to effectively connect to the stormwater system. Townhouses may come with what’s called a cross easement for a party wall.

What is a party wall?

  • It’s where both you and your neighbour have shared rights and responsibilities to ensure the common wall is maintained and structurally sound.

Who maintains the easement?

This is a good question that’s frequently asked. The terms of the easement will either be set out in your purchase contract or be provided to you in the conveyancing act. Seek out specific Gold Coast conveyancing services when purchasing a property, who will keep you informed of any easements that will burden or benefit the land, as well as the stated terms.

Gold Coast Conveyancing Services

Crest Lawyers provide Gold Coast conveyancing services you can trust. Whether you’re a first time property purchaser or you’re a well-versed investor, our conveyancing capacities will always ensure the preparation of legal, property documents are fulfilled in a timely and professional manner.

Are you looking for conveyancing services you can trust? Contact Crest Lawyers today for highly-efficient legal services tailored to your required needs.

Disclaimer: The content contained in this news post is general in nature and is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

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