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Are you purchasing a property with easements or right of way? Know your property easement rights!

Property easement is a right enjoyed by the owner of land over the lands of another.

Property Easement Rights

  • Right of carriageway (right to pass by another’s property without being classed as a trespasser);
  • Services easement including electricity, water and telecommunications (right to run these services to a house through another person’s property).

The technical name for the property easement is called the “servient land or estate” and the land that has the benefit of the easement is the “dominant land or estate”.

Usually, the land is owned by the servient and the Certificate of Title reflects that the dominant can use the land for certain uses as mentioned above so when the property is sold or purchased this easement remains attached to the property to benefit the dominant party.

Sometimes there is a different sort of property easement called a Statutory Easement which isn’t listed on the Certificate of Title. For example, Hunter Water might have a pipe under your land which they may need to gain access to if it ever breaks or needs maintenance so it is always recommended to call Dial before you Dig before you do any digging works to ensure you don’t hit something important.

The servient landholder usually has no obligation to maintain the right of way, their only duty is to refrain from acts that would obstruct the listed use of the land i.e. parking their cars in a right of carriageway access to a property behind.

property easements can have positive and negative effects on the value of your property so it is important to have your purchase Contract looked over by a licenced Conveyancer so you can have peace of mind that you have all the information you need about the proposed property purchase to make an informed and logical decision.

We go above and beyond at Hunter Legal & Conveyancing to ensure our fixed fee service includes everything you need to buy and/or sell your property with ease. With over 30 years experience in Conveyancing and with HLC being a 7 day a week service, any questions you may have can be answered immediately. After hours also includes weekends, so if you want to secure your sale and/or purchase quickly you can call our professional Conveyancing team to get your matter underway.

We look forward to assisting you to ensure your property matters are on time and hassle-free.

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