When buying the property, you may be told that there is an easement registered against the title for the property. An easement is created when one land owner grants someone else (usually the owner of some other land or a services company) the right to do certain things on part of their land.
The most common types of easements are rights of way, which allow a neighbour to walk and/or drive over part of the land to provide access between the neighbours land and the road or a beach etc., or services easements, which usually allow a neighbour or a supply company to transmit power, gas, water or sewage through lines and pipes located in certain parts of the land.
The document creating the easement will set out the terms and conditions applying to the easement e.g. who is responsible for repairs, what rights the neighbour or service company has when coming onto the land, and what obligations they have.
The rights created by the easement can last for a certain period of time, or they can last forever. Once an easement is registered, it will be binding on future owners of the land.
Often, the local Council will require an easement to be created as a condition of its consenting to a subdivision, e.g. to make sure any new lot will have adequate access to the road, and so that services can be supplied to the lot. In this case, the easement can only be surrendered if the Council agrees.
In other cases, an easement can be removed if the owners of the pieces of land affected by the easement agree, or if the easement has become redundant e.g. because a new road has been formed adjacent to the property having the benefit of a right of way, meaning there is no longer any need to use the right of way.
Every easement is different, and if you find an easement on your title, you should read it to make sure you understand what your rights and obligations are. Many easements have terms which are implied into them by statute. If you have any questions, especially if you are about to buy a property, we recommend that you ask your lawyer for advice.
