ECPD - Easements Webinar
Date & Time
Tuesday, 11 Sep 2018
- 2:00 pm
NOTE: This webinar was presented live on 11 September 2018. Register to view the recording, as listed below.
Please register to watch our our webinar on Easements, presented by Roy Somerville.
An easement is a section of land registered on a property title, which gives someone the right to use that part of the land for a specific purpose even though they are not the land owner. An example is a shared driveway or access easement. There are also certain statutory or implied easements which may not registered on the title, such as power or telephone lines, or drainage easements.
Implied or statutory easement may prevent building or other activities on the affected section of the land unless such is expressly approved by the grantee, that is consent from whoever the easement is vested in. The owner may need to get consent from the local council as well.
When selling a property, it is important that the vendor discloses any easements on the contract documents. If in the process of buying a property. A title search will not disclose implied easements, such those related to the old Local Government and Water and Sewerage acts. Repealed acts may also still have effect.
In the recent High Court of Australia decision, Pike v Tighe, non-compliance with Council conditions requiring easements have been identified as an offence under the Planning Act. These offences are not limited to the original applicant, but successors in title. Liability could extent to others, such as solicitors and surveyors who failed in some way in dealing with easements.
The important thing about easements is to be aware of them and know the terms of any which affect properties which you or your clients are dealing with.
In this discussion, we explored some of the common forms of easement and the role and responsibilities of the land surveyor.
1.0 SSSI CPD Point
Event code: SSSIQLD317
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