Important points
Some properties have easements, which give third parties other than the owner the right to use or access parts of the property.
Easements are common and listed on your property title, but you may have to do a little research to find out if you have one on your property.
There are many different types of easements, and each can have different meanings for property owners. Some may affect property values.
By doing your research and working with a competent attorney, you can find easements so there are no surprises in the future.
If you are buying real estate for the first time, you may come across a lot of terms that are unfamiliar to you.
What is it communicating?
What is a pre-payment inspection?
What is a trust account?
And another term that is probably relatively uncommon for new developers and investors is; “Easement”.
So, in this article, we will provide an overview of what a real estate easement is so that you don’t have to worry about it the next time you encounter one during your real estate transaction.
What is a real estate easement?
The legal definition of an easement is: the right to cross or otherwise use a portion of another’s land.
But what exactly does that mean?
That could mean you can’t build on a piece of land or easement because it’s almost like sacred land.
This does not mean that the new property is located in an old cemetery or burial ground.
This may mean that nearby landowners or public works authorities need access to a portion of your land because the easement is land that includes: essential services.
They may need to pass through your property to get to their property or conduct business.
An easement is a legal right to use someone else’s land for a specific purpose.
Therefore, it is very important for small developers to thoroughly understand easements before purchasing a property. This is because easements can affect whether a project is economically viable.
Buyers can typically find the information they need at: position of easements relating to ownership of real property.
What types of easements are there?
An easement is a right to someone else’s land for a specific purpose, but what is that purpose?
One example is a roadway.
This easement is an old term that essentially refers to a shared driveway.
Most commonly, these easements prevent properties from becoming landlocked without road access.
In most cases, easements burden one parcel while benefiting another.
Using the roadway example, an easement burdens the property it passes through, but benefits the property it grants access to.
Examples of various easements include:
- Right-of-way easement (road easement) – A designated section of the property where people can pass.
- easement for services – To provide an essential service to a community of people. For example, electricity, gas, water, telephone lines, etc.
- Support easements (related to excavations) – It is similar to a service easement, but requires excavation work such as installing drainage pipelines, natural gas lines, power lines, telephone lines, etc.
- Easement of “light and air” – This can limit the construction of walls and buildings in favor of others’ access to light and air (in other words, views).
- Rights regarding artificial waterways and sewers – This deals with the rights and restrictions of waterways, canals or sewers.
Can I object to an easement on my property?
Just as there are many different types of easements on real estate, disputes can arise, especially when the easement favors one landowner over another.
If you have a dispute regarding an easement, we recommend that you seek independent legal advice to clarify the rights and obligations of each party.
Note: The laws regarding easements may vary so it is important to obtain legal advice in the relevant state or territory where the property is located.
For example, in Queensland, ownership of the land burdening the easement and the land benefiting from the easement must be registered before the rights to an easement can be enforced.
When purchasing real estate, you should also ask the transferor or attorney of the property whether an easement is registered on the title and, if so, whether there is an easement for the intended use of the land. We recommend that you determine whether you are affected by
Note: Easements can only be modified or removed with the consent of both parties.
If no agreement is reached, the matter may be referred to court for a decision.
Developers must also make related applications. government department To obtain permission to remove or modify an easement.
Disclaimer:
The information provided in this article is of a general nature and does not constitute personal financial advice. This information has been prepared without taking into account your personal objectives, financial situation, or needs. Before acting on any information, you should consider its suitability in the context of your objectives, financial situation and needs.
