An easement is a legal right that allows a benefiting party to use the land in a particular way. The benefiting party is usually a neighbouring property or, in majority of cases, a government entity. Reasons for having granting an easement over the land include:
- To allow a neighbouring property to access their own land by building a driveway on part of yours; or
- To allow a local council the use of part of your land for drainage, sewerage or water supply
Can I use the part of the land that the easement is on?
Depending on the type of easement, you may be limited to what you can do with the part of the land the easement is on. In most cases, you will not be allowed to build over the easement and if you do, the person or entity benefiting from the easement (eg. The council), has the right to remove the obstruction.
We recommend you seek legal advice before obstructing an easement on your property.
How do I know if there are any easements registered on a property?
All easements should be registered on the Land Titles Register. If you are purchasing a property, the real estate agent will more than likely have a title search which will identify if there is an easement and whether it benefits or burdens the land. In Queensland, all sales contracts should disclose if a property has an easement. If you are unsure, we recommend you get your contract reviewed by a conveyancer before you sign it.
If you need further information about encumbrances or easements, get in touch with Cairns Conveyancing Solicitors today.