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Obtaining an easement This is where the owner of the servient land gives the easement to the owner of the dominant tenement. An expressly granted easement can be created by deed or by a will (so must be in writing) and, in respect of registered land, completed by registration.
Two parties, either individuals, groups or companies, can make an easement contract. It requires the landowner to grant permission for the property area to be used for a particular purpose. As long as the parties agree about access to the easement and its use, they can create a contract.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Easements can be created through one (1) of the following methods: An express grant of an easement through registration of the easement through the NSW Land Registry Services; Resumption or acquisition of land by the Government as published in the Government Gazette; or. An order of the Court.
Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right. When seeking an injunction it is important that you act quickly.
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An easement gives the dominant owner the right or rights to cross or otherwise use someone elses land. Two of the most common easement rights are a right to light and a right of way.
Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.
While its possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
If you have an easement on your property, it means there is an exclusive right of another person or group, for example, the council or department of roads, to use that part of your property for a specific purpose.
Maintenance of the easement site Rather, the owner of the burdened land must not do anything that would obstruct or hinder enjoyment of the easement. If the owner of the benefited land wants to use the easement, it must do the work necessary to ensure the easement remains useable: Duncan v Louch (1845) 6 QB 904.

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