Easements in NSW

Understanding easements and how they affect property is often complex and difficult.   Obtaining easements, either through negotiation or the Court process is even more complex and difficult.  Our team of lawyers has been assisting with obtaining easements through the Court process since the inception of s88K of the Conveyancing Act and S.40 of the Land & Environment court Act.

We are regularly involved in advising clients (and at times other lawyers) on encumbrances on title or other rights that may prejudice enjoyment of property. We have assisted our clients by:

  • Advising on the impact of easements, covenants, rights of way on both dominant and servient tenement
  • Considering and advising on prescriptive, registered and implied rights
  • Preparing of Section 88B instruments
  • Drafting positive covenants and other easement terms
  • Litigation in the Supreme Court to resolve easement or covenant issues
  • Preparing, negotiating and, where required, taking proceedings to obtain easements over adjoining lands pursuant to S.88K of the Conveyancing Act and s.40 of the Land & Environment Court Act