How do I find my right of easement?

Sometimes easements and rights-of-way can be hard to locate. Typically, they can be found in the legal description of the property. Contact the county for more information on the easements. They should be able to give you more details about the easements and show you specific plot maps regarding the deed in question.

How do I remove an easement from my property NSW?

If the grantor of the easement agrees, an easement can be removed from the title. Hones Lawyers can assist in documenting any agreement to remove an easement and file it with the Office of Land Titles. An easement can also be removed from the title by the Court if you can prove it is not needed anymore.

What are the requirements for an easement in NSW?

If it does the easement will fail because that will be tantamount to a transfer of ownership. Accommodating the benefited land means that the easement must confer a real and practical benefit on the benefited land and be reasonably necessary for its better enjoyment. There must be a connection between the easement and the benefited land.

Can a carriageway be used as an easement?

In most cases, an easement will burden one lot while benefiting another. If we look at the example of a carriageway, the easement will burden the lot it is over, but benefit the lot that it allows access to.

Is the right of carriageway on Lot 1 a right of way?

The right of carriageway is burdened upon Lot 1 and benefited upon Lot 2. In our example, the orange easement is likely to be a road, driveway or track which the owner of Lot 2 drives down from the road to get to their land – he or she has the right to use this at all times, and the owner of Lot 1 must not obstruct or interfere with this use.

Can a local authority use an easement on your land?

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.