What is an Easement?
An easement is a right attached to the land. The easement has a Dominant and a Servient tenement. The Dominant land or entity has the rights over the easement. The Servient is the land constrained by the easement.
The easement can be granted to allow the Dominant tenement to use that land in a particular manner. For example, for access or drainage etc.
Or the easement may prevent the existing owner from using the land in a manner that obstructs the Dominant tenement’s agreed use. As well as size in length and width, the easement can be defined by limitations of height and depth.
A Cadastral Surveyor prepares a plan for lodgement at the Titles Office. Typically, a solicitor will prepare a description of the easement for agreement and execution by both parties. Consent of any secondary interests such as mortgagees are also required.
Easements are often required by Authorities to:
- protect their assets such as sewers or water mains.
- provide access to the service from the nearest roadway or adjacent land
- The Authority may require themselves to become a signatory under legislation.