What You Should Know About Easements or Right of Ways

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Do you have a property which certain people or companies can use or access to? They could have been granted easements or the right to use your property without even owning it. Many of us, especially first time property buyers, may not know what an easement is or are not aware of people who were granted easements to use the property we just brought. The topic on easement is indeed a legal matter.

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Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

What You Should Know About Easements or Right of Ways

Do you have a property which certain people or

companies can use or access to? They could have been granted easements or the right to use your property without even owning it.

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

What You Should Know About Easements or Right of Ways

Many of us, especially first time property buyers,

may not know what an easement is.

Easement?

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

What is an Easement?

An easement is a legal right granted to a certain

individual or a group (probably a company),

known as a grantee,

to use a land or property (which they do not own) for a particular purpose.

property

company

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

What is an Easement?

This right can restrict the grantor (the

owner of the land or property) on how they

can use their property.

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

What is an Easement?

even if the ownership changes, the grantee

still retains the right of way and the new

owner is bound to

abide with the agreement between the grantee and the previous grantor (owner).

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

What is an Easement?

In any ways, an easement can

affect the value of a property.

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

What Are The Purposes of Easements?

Grantees, may they be an individual or a company, are granted right of ways to other lands or properties for

particular reasons like:

• passage to pathways and walkways • access roads • the right to park a vehicle • access to utilities (water, electricity and gas)

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

How Can The Grantee Be Granted An Easement?

For such to take place, there should be an agreement or a contract made between the grantor and grantee.

GRANTOR GRANTEE

(owner) (certain individual or company)

Easement agreement

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

How Can The Grantee Be Granted An Easement?

The grantee party should detail their purpose/s or

type/s of use of the grantor’s property. The

easement will be strictly limited to such purpose/s

or type/s of use.

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

How Can The Grantee Be Granted An Easement?

You could be asking yourself, “Does the

grantor get compensated?” The

answer is yes.

Does the grantor get compensated

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

How Can The Grantee Be Granted An Easement?

The grantor can receive payment or any sort of compensation at the

time of creation.

The grantor can open up the matter of compensation with

the grantee party during negotiation.

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

How Can The Grantee Be Granted An Easement?

In addition, the agreement or contract

will also securely uphold the grantor’s ownership

over the property

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

How Can The Grantee Be Granted An Easement?

The laws on easements will both

• Help grantees gain access to certain properties they did not own

• Help grantors protect their properties

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

How Can The Grantee Be Granted An Easement?

Moreover, the laws will not allow the grantors to build anything over the

property that is subjected to easements.

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

Surveying Your Property for Possible Easements

From time to time, there will be people or companies who will seek an easement on your land and you may

not have time to assess your property’s value.

Civil Contractors Sydney Level 1 ASP Level 1 Authorised Service Provider

Surveying Your Property for Possible Easements

Right now, you should contact a level 1 ASP

surveyor to survey your land and assess its

market value. Level 1 ASP

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