Smith & Stanton Snippet
No 6 - Easements - Benefit and Burden
What are easements?
An easement is a legal right which one person has over another’s property. An access easement gives a person a right of access over another person’s property. A drainage easement gives a person the right to drain water or sewerage through another’s property.
An easement for light and view prevents a person from blocking another person’s light and view.
How do you give an easement?
There are ordinarily two parts to an easement. The first part is an Easement Agreement, which is a contract between the party giving the rights (the burden of the easement) and the party accepting those rights (the benefit of the easement). The second part is a Survey Plan of the easement, which spells out the exact dimensions, boundaries and area of the affected area.
Is an easement registered?
The easement is registered both on the Title of the person giving the easement, as a burden, and the party taking the easement, as a benefit. Once registered, the easement can only be removed with the consent of the proprietor receiving the benefit, or by a Court Order. Unless it is removed, the easement remains on the Titles in perpetuity.
Easement Terms?
The first part of the easement – the contractual part – spells out the rights of the benefited party and the burdened party. It covers such things as what can be done within the easement space, the times during which activities can take place, the cost of maintaining the easement area, securing the area and the like.
Who owns the easement?
The easement is owned by the burdened proprietor. The benefited proprietor simply has contractual rights to use the easement area. That right does not equate with ownership. Rates and other Government charges continue to be levied against the burdened proprietor and the burdened proprietor must continue to insure the easement area.
Produced by:
- Anita De Domenico – Conveyancing Manager
- Naomi Wright – Conveyancing Support
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