An easement is a legal provision that grants one party the right to use another’s property for a specific purpose. Understanding how to create, grant or dispute an easement can be very complex. We’re here to provide you with expert guidance for your easement needs to ensure your property rights are upheld.
The types of clients we serve include:
Property owners:
Prospective buyers:
Property developers:
We’ll draft and review easement agreements to ensure they are comprehensive, clear, and tailored to your requirements.
Helping you negotiate easement terms that align with your strategic goals and provide lasting benefits
With our extensive knowledge on Easements, we’ll help resolve disputes efficiently and in your favour
We stand firm in enforcing easement agreements, ensuring any violations are addressed promptly.
Acquiring easements through s88K of the Conveyancing Act 1919 (NSW). And representing you in court proceedings where necessary.
Providing you with ongoing advice on how easements may influence your property's use, value, and future development potential
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An easement can have a range of impacts on property value, from minimal to significant, depending on its size and restrictions. Before making any decisions, consult with us at Arver Law. We can evaluate how an easement might affect your property's value and provide strategies to manage or lessen its impact.
Maintenance of an easement typically falls to the user for any damage caused by their use, but the property owner also has a responsibility for general upkeep. If you're unsure about who's responsible for what, we can clarify these duties for you and assist in resolving any disputes.
If the easement terms are not being respected, enforcement can be sought through negotiation or court action. We’ll help by ensuring that the terms of your easement are enforced, protecting your property and your rights.
To remove an easement, you typically need consent from the easement holder or to demonstrate that the easement is no longer relevant or being used. It's a process that requires careful handling and official documentation. At Arver Law, we can provide expert advice and support you through the legal steps to clear your property title.
Yes, variations to an easement are possible, but they require consensus from all involved parties and the official recording of these changes. We’ll manage the negotiations and legal documentation, making the process seamless for you.
Finding easements involves a bit of detective work, like conducting a title search, consulting with your local council, or obtaining a surveyor's report. These steps are crucial before you commit to buying a property. At Arver Law, we can perform these searches for you, ensuring that you're fully informed about any easements that could affect your property plans.
Some examples of the different types of easements may include:
An easement is like a legal 'hall pass' that allows someone else to use a part of your property for a specific purpose, such as a walkway or a space for utility lines. It's a set of rights that doesn't amount to ownership but does come with its own set of rules for both you and the easement holder.
