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 servient and dominant tenement
  • Considering and advising on registered, implied and prescriptive easement 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

For more information on Easements call us on 02 8999 6115.

Get In Touch

Our Process

Get In Touch
hones lawyers phone call and website enquiry

Contact us by phone or using our website enquiry form with information on your matter. Providing enough information in this part of our process will allow us to get back in touch with you regarding your options.

Meet
hones lawyers client meet up and interview

Whether it’s in person, over the phone or by Skype – this will allow us to ask any questions we might have regarding your matter and will allow us to build a better working relationship.

Solution
hones lawyers strategy and solution

At this point we should have enough information in order build a strategy to move forward with (or in some cases, various strategies).