With the increasing number of dual occupancies within the larger Sydney area it is not uncommon for developers to seek easements across neighbouring lands. Brian has been approached to advise on the whether a client should agree to grant a neighbour an easement for drainage, electricity or gas services, or for access to another property. Similarly, developers, too, seek advice on whether an easement is necessary and, if so, how to best achieve their goals.
It is important to note there is no entitlement to an easement across a neighbour’s property. The courts are most reluctant to grant easements. s88K of the Conveyancing Act sets the strict tests to be applied before the court will order an easement. Easements may also be granted for the use of air space across neighbouring properties.
In all matters where easements are sought the burdened party is entitled to just compensation for the grant of an easement, and, usually, the party seeking the easement pays all reasonable costs associated with the grant of an easement.
To make an appointment to discuss your query further, contact Brian Phillips Law.