Construction & Contractors Blog
When it comes to upgrading your property, not many people are familiar with laws and processes relating to land divisions. It is quite a niche area of law, so that is not surprising, but there are several useful processes that can make life a lot easier for those who know what to look for. One such land division law relates to easements. Easements can be the solution to many tricky problems you never even realised you had, but they can also be quite complicated procedures that need the help of experts in land division law to establish. Here is a brief explanation of how easements could save you a lot of headaches.
What Is An Easement?
Basically, an easement is an agreement between two property owners that gives one property owner the right to use something on the others property without actually owning it themselves. For example, say property A is in between a road and your home, property B, and your only access to a road is several hundred metres in the other direction. Property A may grant you an easement which would allow you to drive the much shorter route over their property to get to that road. You would not own this route, but you would be allowed to use it freely.
Are There Other Types Of Easements?
There are several types of easements and the 'right of way' easement listed above is only one type in this category of land divisions. Construction easements are temporary easements that allow someone to dig up part of your property to install plumbing or electrical wiring that goes through your property to their home or business. Freedom of light land divisions can stop you from building huge structures next to someones home if it means a shadow would be placed over their house. Even something as simple as a connection to the water and gas main often requires a little bit of an easement with the government, as most people don't own the last few feet of their property that borders the road.
What If Your Neighbour Won't Agree?
Most of the time, neighbours are all to happy to help out with these sorts of land divisions, but every now and then someone refuses. You have one of three choices:
Sometimes the need for an easement is so obvious that it requires legal action, such as the access to essential services and utilities. Always speak with an expert in land divisions before contacting your neighbour about an easement, as the expert will let you know how good your claim is and how likely your neighbour is to accept.
To learn more, reach out to a local land division service.
Share28 August 2020
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