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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
