easement

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An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.Easements are helpful for providing pathways across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. An easement is considered as a property right in itself at common law and is still treated as a type of property in most jurisdictions.
The rights of an easement holder vary substantially among jurisdictions. Historically, the common law courts would enforce only four types of easement:

Right-of-way (easements of way)
Easements of support (pertaining to excavations)
Easements of "light and air"
Rights pertaining to artificial waterwaysModern courts recognize more varieties of easements, but these original categories still form the foundation of easement law.

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  1. Pyroteknik

    NSW Right of carriageway

    We have just recently purchased a property and access is via a right of carriageway through someone else's property. The road is in need of repair however the owner of the land burdened by the ROW does not contribute to the upkeep of the road despite it being their only access to their house. Do...
  2. F

    NSW Easement

    In 2004 we were ordered by council to register a stormwater easement as part of our building/subdivision conditions, even though the owners of property behind us didn't request it, we were told that when the time came for the works to be executed on our property we would be compensated, but we...
  3. C

    NSW Crown Road easement through private property

    Hi. I have a situation where a Crown Road easement runs through my property & is being used by trail-bike hoons to get to a Nature Reserve approx. 5klms further down. All riders ride unregistered bikes & wear goggles & helmets so they can't be recognised by a camera I have set up on the road. I...
  4. E

    QLD Shared easement question

    Hello, I own a property that is the dominant tenement of an easement. The easement is for the "full and free right and liberty" for us and others authorised by us to "pass and repass over the servient tenement, with or without" a variety of vehicles, laden or unladen for "all purposes connected...
  5. E

    NSW New neighbour wants to move gutters. They'll be inaccessible to him - am I setting up an implied easement if I agree?

    Hi, We live in an old house with a small garden in an old, built up area. We have a new neighbour on the north, uphill side. The south wall of this house sits right on the boundary of our property, from front to back, and all the gutters run along the top of this wall. The gutters fall to the...
  6. A

    VIC Extinguishing an un-used easement

    Hi All - My question is: Can a 'CarriageWay Easement' be extinguished if the beneficiary is no longer using or 'passing over' the land to access their un-landlocked property? The Dominant has blocked his access with landscaping trampoline and a pool shed effectively prohibiting a vehicle from...
  7. C

    Easement of carriageway.

    My property in Victoria fronts a named road, but also backs onto an un named road, that only has one outlet. Across the un named road is a subdivided block, one of the two lots being a battle axe. The battle axe’s drive way is split lengthwise on the title with one side being called ‘ easement...
  8. R

    TAS Right of Way Easement (Long term use of alternative track)

    Hi all, I have an interesting situation for your thoughts. Situation: We own and live on a property that enjoys a right of way easement to access it via another block (no surprises so far) We moved here just over 2 years ago after completing a 2 year house build (only mentioned for a...
  9. O

    QLD Stormwater pipe, easement question

    Hi guys, We have a large pit in our yard that has been flooding during heavy rain. Tracked down the original plans for the house and there is a 225 pipe that runs along my fence line down to the stormwater pit in the street. The pipe is directing the roofwater from 5 properties behind my house...
  10. A

    Stormwater easement

    Cousin bought a block of land In order to build he needs to connect to council stormwater easement which is on a neighbour's land. Connect via an utility easement. Neighbour clearly stated that he won't allow this to happen. Cousin has the utility company permission but utility company say he...