How do I find out if there are easements on my property NSW?

How can I find out if there is an easement on my property? If you live in NSW, you can make contact with the land Registry Services.

Are easements shown on land Registry?

An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).

How do I remove an easement from my property NSW?

If the grantor of the easement agrees, an easement can be removed from the title. Hones Lawyers can assist in documenting any agreement to remove an easement and file it with the Office of Land Titles. An easement can also be removed from the title by the Court if you can prove it is not needed anymore.

How do I find out if there is a covenant on land?

If you want to check the restrictive covenants affecting a property you already own, you may be able to identify the restrictive covenants yourself by looking in the ‘Charges Register’ (registered land only) of the title document.

Is an easement a disposition of land?

2.1 Easements as registrable dispositions In other words, it is a registrable disposition. It is no less a registrable disposition if it happens to be contained in a lease, even if the lease itself cannot be registered or noted.

What are easements on property?

Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.

What is an easement on land NSW?

Easements generally provide the right to access and use land while the legal title or ownership of the land remains with the owner of the land. An easement does not grant ownership of the land.

What is a statutory easement in a community?

A statutory easement may be created for the passage of water, sewerage, drainage, gas, electricity and other services within a community or neighbourhood scheme. Such easements are created under s.36 Community Land Development Act 1989 by their inclusion in the by-laws set out in the Management Statement of the scheme.

How are community land development easements created under the law?

Such easements are created under s.36 Community Land Development Act 1989 by their inclusion in the by-laws set out in the Management Statement of the scheme. The sites of these easements are shown in a ‘Service Works As Executed’ diagram included in the statement.

When does a court presume to grant an easement?

Where there has been long continued use or exercise of a right over another persons land that has the characteristics of an easement, in theory the Court will presume the grant of an easement. There is no statutory recognition of easements arising purely from long continued use in NSW.

How do you create an easement on Torrens title land?

Easements may be created between Torrens Title land and Old System land. If the servient tenement is Torrens Title land and the dominant tenement is Old System land the easement may be registered on the folio for the servient tenement and may be registered in the General Register of Deeds.