Easement Lawyers in Melbourne

Easements are rights that apply to land. They allow third parties to use and/or access land or part of the land for a particular purpose. 

Easements play an important role in property law because they ensure authorities can access and maintain pipes, drains, cables, and other public assets that exist on privately owned land. They also ensure a right of way, allowing movement through parts of land that would ordinarily be inaccessible but for the easement. 

Rosendorff Lawyers are experts in handling easement matters. Make Rosendorff your first port of call for any issues or questions relating to easements today.

Easements on Property

The two most common easements are right-of-way easements and utility easements. Easements may grant a right of way allowing another person (often a neighbouring landholder) to travel through your land for a specific purpose (such as gaining access to a main road) or may grant a public authority (such as a utility provider) access to your land to maintain a public asset. 

A sewer easement is an example of a common easement. The easement grants a right to the relevant authority to enter land for the purposes of, among other things, servicing the sewer pipe. Because of this grant, the land owner is prohibited from building on top of the land affected by the easement. 

Sometimes these rights of way are granted to classes of persons, such as the general public, where the land has a path or road passing through it.

Legal Solutions for Property Easements

Tap into our expertise and contact Rosendorff Lawyers today. We can assist with:

• Obtaining easements
• Negotiating easements
• Providing advice on easement agreements
• Resolving easement disputes
• Enforcing easements

What Is an Easement in Property?

An easement is a non-exclusive right  over someone else’s land. Easements allow third parties to use and/or access someone else’s land for the benefit of other landowners and/or classes of people. They commonly include private or public rights of way such as footpaths or access roads. 

The consequence of an easement is that the land owner must not prohibit access to the portion of the land to which the easement relates. This means that the land owner cannot construct barriers, build on, or block the affected area of land.  

Unlock Your Property’s Potential – Consult Our Easement Lawyers Today!

At Rosendorff Lawyers, we pride ourselves on our expertise and experience in property law. We understand that an easement on your property can have significant consequences. Not only can its presence potentially limit what you can do with the property, but it can also impact the property’s value.  

Our lawyers care about our clients, which is why we offer free telephone consultations. We are committed to ensuring that our clients are provided with cost-effective, timely advice, allowing them to make informed decisions about their land. 

Call us today to experience the Rosendorff difference and schedule your free telephone consultation – you won’t be disappointed. 

Frequently Asked Questions

How Can an Easement Lawyer Help Me?

By now, you have probably gathered that easements on a property can be both beneficial and burdensome depending on the circumstances and whether you own the land with the easement or not. Easement disputes can take many different forms and they can have serious implications for the land and its value. 

Easement lawyers can help you:

• create easements
• negotiate easements
• relocate and/or remove easements
• settle easement disputes out of court, and if need be, take court action to enforce an easement.

What Are the Most Common Types of Easements?

The most common types of easements include:

• rights of way
• construction, maintenance and repair rights of way
• rights of support for land and/or building from adjoining land, buildings or subterranean water
• fencing
• right to create a nuisance
• right to light and air

Can an Easement Be Removed or Changed?

Some easements can be removed or changed. Often, this can be done by consent of the parties through negotiations and at the expense of the benefiting land owner. Where there is agreement between the parties, Rosendorff’s easement lawyers can assist in having the easement removed. 

In circumstances where an agreement cannot be reached, an application may be made to the court to have the easement removed or changed.  It’s best to seek the advice of an easement lawyer early on so you can make informed decisions about the property. 

How Does an Easement Affect Property Value?

Having an easement on your property can restrict the way that you use your land, which in turn, can affect the property’s value. Consider having an easement that prohibits you from building over it, or one that requires you, as the land owner, to give third parties access to the land or part of the land for a particular purpose. It’s not surprising that these limitations on your land are likely to negatively affect its value. 

This is why it is important to limit the creation of easements on your land and seek the removal of easements wherever possible. Consult Rosendorff Lawyers to discuss how easements can impact your property and what you can do to maximise its value.

How Can I Find Out If There’s an Easement on My Property?

Ordinarily, easements are registered on the Land Titles Register which means that a title search should reveal whether there are any easements on your property.  

It’s important to note that in some circumstances there may be unregistered easements on your property. To be sure, contact the expert team of easement lawyers at Rosendorff and they will make the necessary enquiries on your behalf.