Dear guys,
Just bought one with an easement on it. (Abandoned phone exchange access easement.) Did some searching and came up with this info thought I would share it.
(On the Spatial industry portal)
http://www.xyz.au.com/public/
Cheers,
Sunstone.
What is an Easement ?
An Easement is a right that a person or entity, such as the Council, has over property owned by someone else. It is a right to use the land for a specific purpose, for example to maintain sewer or water mains. The owner of the land may still use the land, so long as that use does not interfere with the righs specified. For example, you could not build a garage or pool on an easement for sewerage or water mains because that would deny the access specified.
Because easements are an interest in part of a parcel of land, they have to be accurately measured and registered by the Registrar of Titles, just like any other interest in land. They are, in fact, an "encumbrance" on the original land title.
Contact:
CEO, Consulting Surveyors Queensland
Jack de Lange
Phone:
Fax:
Email:
07 3366 4295
07 3366 7679
[email protected]
Additional Information
What are easements used for ?
An easement can be granted for almost anything. The most common is probably an easement for access, either to another block of land or to do something on the part of the land affected, e.g. maintain a water main. Other public utilities such as electricity, gas, sewerage etc also often have easements over land to locate their pipelines etc.
What is a Dominant Tenement ?
Easements are part of a parcel of land and transfer with the land when it is sold to another person. For example, if a block of land does not have access to a road it may have an access easement across anotther property. The titles to both parcles of land would be noted as being affected by an easement and the first parcel would be the "dominant tenement" because it has the benefit of the easement. The second parcel is the "servient tenement" because it has to concede to the first with respect to the area of his land that the easement rights cover.
Both parcels of land will remain in that relationship until the easement is removed, no matter how many times either parcel is sold.
What is an Easement in Gross ?
An easement in gross does not have a "dominant tenement". Instead of a parcel of land that benefits from the easement, the easement benefits a person or other entity. This is the type of easement your local Council might have to access a sewer main.
What are the implications ?
The existence of an easement can have a postivie or negative effect on the value of land, depending on whether it is the dominant or servient tenement.
When buying land, you need to be aware of any easements and their extent because they may inhibit your ability to do what you want with the land. You need to also make sure you know all the rights and obligations that are specified in the easement documents
Just bought one with an easement on it. (Abandoned phone exchange access easement.) Did some searching and came up with this info thought I would share it.
(On the Spatial industry portal)
http://www.xyz.au.com/public/
Cheers,
Sunstone.
What is an Easement ?
An Easement is a right that a person or entity, such as the Council, has over property owned by someone else. It is a right to use the land for a specific purpose, for example to maintain sewer or water mains. The owner of the land may still use the land, so long as that use does not interfere with the righs specified. For example, you could not build a garage or pool on an easement for sewerage or water mains because that would deny the access specified.
Because easements are an interest in part of a parcel of land, they have to be accurately measured and registered by the Registrar of Titles, just like any other interest in land. They are, in fact, an "encumbrance" on the original land title.
Contact:
CEO, Consulting Surveyors Queensland
Jack de Lange
Phone:
Fax:
Email:
07 3366 4295
07 3366 7679
[email protected]
Additional Information
What are easements used for ?
An easement can be granted for almost anything. The most common is probably an easement for access, either to another block of land or to do something on the part of the land affected, e.g. maintain a water main. Other public utilities such as electricity, gas, sewerage etc also often have easements over land to locate their pipelines etc.
What is a Dominant Tenement ?
Easements are part of a parcel of land and transfer with the land when it is sold to another person. For example, if a block of land does not have access to a road it may have an access easement across anotther property. The titles to both parcles of land would be noted as being affected by an easement and the first parcel would be the "dominant tenement" because it has the benefit of the easement. The second parcel is the "servient tenement" because it has to concede to the first with respect to the area of his land that the easement rights cover.
Both parcels of land will remain in that relationship until the easement is removed, no matter how many times either parcel is sold.
What is an Easement in Gross ?
An easement in gross does not have a "dominant tenement". Instead of a parcel of land that benefits from the easement, the easement benefits a person or other entity. This is the type of easement your local Council might have to access a sewer main.
What are the implications ?
The existence of an easement can have a postivie or negative effect on the value of land, depending on whether it is the dominant or servient tenement.
When buying land, you need to be aware of any easements and their extent because they may inhibit your ability to do what you want with the land. You need to also make sure you know all the rights and obligations that are specified in the easement documents
