Understanding Easements And Rights of Way - Titan Advisory Group
Real estate transactions can be complex, and understanding the implications of easements and rights of way is crucial for property owners and potential buyers alike. Titan Advisory Group understands this very well and is here to help you navigate this process to make it easier for you to deal with these issues.
What Are Easements And Rights of Way?
Definition Of Easements
An easement is a legal right that grants someone else the limited use of a property owned by someone else. It provides the holder of the easement the legal right to use a portion of the property for a specific purpose without possessing the property itself.
Easements can be beneficial for the holder by providing access to necessary utilities or allowing passage through a property to reach another location.
Understanding Rights Of Way
A right of way is a specific type of easement that allows the holder to pass through a property belonging to someone else. It can be in the form of a path, driveway, or access road.
Rights of way are commonly utilised to provide access to properties that would otherwise be landlocked, enabling owners and residents to reach their properties conveniently.
Types of Easements and Rights of Way
Appurtenant Easements
An appurtenant easement benefits one property and is attached to that property’s ownership. It remains with the property even if the ownership changes hands. For example, a property might have an appurtenant easement that allows access to a nearby beach or a shared driveway.
Easements In Gross
An easement in gross benefits an individual or entity rather than a specific property. Unlike other easements tied to a particular piece of land, an easement in gross is personal and does not depend on property ownership. These easements do not transfer with the property ownership but are tied to the holder. Examples include utility companies’ rights to access and maintain power lines running through private properties.
Express Easements
An express easement is explicitly granted in writing through a deed or a separate easement agreement. This type of easement clearly defines the rights and restrictions of the parties involved.
Implied Easements
An implied easement arises from the circumstances of a situation rather than a written agreement. It may be created when a property is subdivided and a portion of the land is sold, but access to that land is only possible by crossing the remaining land.
Prescriptive Easements
A prescriptive easement is acquired by continuous and uninterrupted use of another’s property for a specified period, usually several years. A prescriptive easement may be established if certain conditions are met, such as open and notorious use without the owner’s permission.
The Importance Of Easement And Right of Way Research
Identifying Existing Easements
Analysing Easement Terms
How Titan Advisory Can Help
Easement Due Diligence
Our experienced team at Titan Advisory Group conducts comprehensive due diligence on properties to identify and analyse any existing easements or rights of way. We provide detailed reports outlining these encumbrances’ implications, enabling you to make informed decisions regarding your property investment.
Negotiation And Resolution
If you encounter easement-related issues during a property transaction, our skilled negotiators can facilitate communication and resolution between parties to find mutually-agreeable solutions.
Expert Legal Guidance
Titan Advisory Group collaborates closely with reputable real estate attorneys, ensuring you receive expert legal guidance and representation in matters concerning easements and rights of way.
Understanding easements and rights of way is vital for property owners and buyers to ensure a smooth and successful real estate transaction. Our dedication to comprehensive research, expert guidance, and impeccable due diligence empowers you to make well-informed decisions regarding easements and rights of way. Trust Titan Advisory Group as your partner in navigating through the intricacies of real estate transactions involving easements and rights of way, ensuring a secure and rewarding property ownership experience.
Contact our friendly valuers in Sydney today at (02) 8005 1212 or email us at hello@titanadvisory.com.au to schedule an initial consultation for your property advisory needs.
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