Hi guys, via a search I found this post by SunStone May 2003:
Questions:
a) Subect to the said 'right' of someone else to carry out maintenance etc of an easement that is on my property - I actually 'own' the easement. That is, it is my land, but I must give access to those that hold the 'rights'?
Assumming above is correct:
b) If the next-door neighbour runs a Telstra line up the easement (on my property) I should be able to ask for its removal. (BTW, I'm being reasonable here, the line itself is becoming a pain with my plans.)
Comments:
I guess Telstra would say they can legally run this line because they have a right to the easement? I guess it comes down to whom the easement is 'owned' by and exactly what 'rights' authorities have? Does, or can, a 'right' to an easement on one property mean an authority can apply it next door as well? Assuming it's my property, I'd think not. Any thoughts or experience out there?
Sunstone said: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.
Questions:
a) Subect to the said 'right' of someone else to carry out maintenance etc of an easement that is on my property - I actually 'own' the easement. That is, it is my land, but I must give access to those that hold the 'rights'?
Assumming above is correct:
b) If the next-door neighbour runs a Telstra line up the easement (on my property) I should be able to ask for its removal. (BTW, I'm being reasonable here, the line itself is becoming a pain with my plans.)
Comments:
I guess Telstra would say they can legally run this line because they have a right to the easement? I guess it comes down to whom the easement is 'owned' by and exactly what 'rights' authorities have? Does, or can, a 'right' to an easement on one property mean an authority can apply it next door as well? Assuming it's my property, I'd think not. Any thoughts or experience out there?