Easement Compensation Advice

An Easement is a right to cross or otherwise use someone else’s land for a specified purpose.  In simple terms, it is a right someone has to use your land in some way without needing to ask you each time.  Every Easement restricts the rights of an owner of land, and increases the rights of another owner, or a public authority.

Types of Easements include:

Right of carriage way – the right to travel over the land using vehicles

Right of footway – the right to walk over the land

Easement to drain water – the right to drain across and through servient tenement over the surface or through pipes

Easement to drain sewage – the to drain sewage and other waste material and fluid  across and through the land Part 5 – Easement for repairs

Easement for repairs –the right to enter the land to repair any pipes or other infrastructure

Easement for drainage of sewage – the right to drain sewage, sullage and other fluid wastes in pipes

Easement for drainage of water – the right to drain water from any natural source

Easement for electricity purposes –  the  right to  transmit electricity

Easement for services – the right to provide domestic services supplied by the relevant authority

Easement for water supply – the right to run water in pipes through the land

Right of access – the right to pass across the land for the purpose of exercising or performing any of its powers, authorities, duties or functions

Section 88K of the Conveyancing Act allows for imposition of easements by the courts where it can be shown that:

• the easement is reasonably necessary for the effective use or development of the land obtaining the benefit of the easement,
• the use of the land requesting the benefit of the easement is not inconsistent with public interest;
• the owner of the land to be burdened by the easement can be adequately compensated; and
• all reasonable attempts have been made by the developer to obtain the easement directly from the land owner and such attempts have not succeeded.

 If you are a land owner who has received a request for granting of an easement, it is important to get an independent valuation to ensure fair negotiations of compensation.

As expert valuers, Powerhouse Property Professionals will be able to provide you with a valuation report which complies with the principles of the relevant legislation, and can be cross examined, if required, in Court or Tribunal.

As industry-leading valuers, Powerhouse Property Professionals pride ourselves on having the highest degree of integrity, professionalism, independence and transparency, ensuring you receive an unbiased and accurate audit of your valuation report.  Please phone us on 1300 097 912 or fill out our quotation request form via the link below.