February 17, 2018

Understanding Easements and Boundaries

When buying or renovating a home, you will come across certain terms, such as easements and boundaries, which you may not be familiar with. That’s why it’s important to hire a qualified solicitor or conveyancer who will guide you through the process.

In this article, let’s take a look at the terms easements and boundaries.

Easements

This refers to the right to cross or use a part of someone else’s land. An easement on your property means that another entity can cross or use your land for a specific purpose. It could be a carriageway easement, where neighbours are allowed to use it to access their property.

In this case, maintenance of the carriageway will not be a responsibility of the owner of the land. It could be an easement for utilities or drainage, or where workers need to have access to install cables and pipes, or for maintenance or repair works.

An easement plays a role in providing access and services, and while the property owner is not in-charge of maintaining it, he/she needs to respect the easement. However, if the easement doesn’t provide access or service anymore, you may have the easement removed from your land title.

Boundaries

On the other hand, a boundary refers to the limits of an area. It’s also called a property line, and while it’s invisible, it’s a guideline on what you can and cannot do on or near your boundary. It also marks the area where your property ends and the public space, or your neighbour’s property, begins.

Knowing where the boundary lines are is essential when buying or renovating a home. In general, boundary lines tell neighbours that they need to share the costs of a boundary fence. If there’s a need to build a retaining wall on boundaries, you need to ask for the consent of your neighbours, and the wall should not affect the property next to it in a negative way.

If you’re buying or renovating a property, make sure to understand the easements and boundaries. You can check with your local council if there are any easements on the land or property that you want to buy. As for the boundary lines, seek help from a surveyor who can tell you where the boundaries are.

Do you have other ideas on easements and boundaries, as well as conveyancing in Australia? Share your insights in the comments section.

About the author  ⁄ Marxa Dillan

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