What is an Easement?

When purchasing a property, it is important to be aware of any easements that affect the property and to understand them.

Easements that affect the property will be indicated in the Contract for the sale of land within the s88B instrument and plan.

What is an easement?

An easement is a right to use the land belonging to another person without actually possessing that land.

Easements can be positive or negative. The difference is that a positive easement creates the right to use another property in a certain way, whereas a negative easement creates the right to prevent an owner of another land from using their land in a certain way.

Common examples of easements can include a right of way (the right to cross one property to gain access to another) or a right of drainage (the right to drain water from one property across another property).

At Calarco Legal, we are happy to help you identify and understand any easements that may affect a property you are looking to buy.

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