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. 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...
  2. 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...
  3. 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...
  4. 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...
  5. 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...
  6. A

    NSW Right of carriageway easement

    Hello, I'm hoping to get some advise on my rights over an unregistered right of carriageway easement that I am the dominant title holder. 25 years ago I purchased a block on land that was subdivided from land that the carriageway in question is part of. The sellers (a partnership of 3 people)...
  7. B

    NSW Leaving gate open on easement

    Hello all, I have a neighbour who has an easement for several hundred metres at the front of my property, from the public road there is a gate and he has another gate from my property to his. He has recently been operating Airbnb on his property and regularly has traffic at all hours. Numerous...
  8. D

    TAS Right of Way

    We share a right of way with our back neighbours, where we have a positive easement. There is a small portion of this right of way that is currently dirt, that we would like to concrete. We have provided ample notification of our intent to concrete this portion (at no cost to our neighbors)...
  9. K

    VIC Access to easement in neighbouring property when owner refuses

    Just wanted to better understand the legal options for the following scenario. Require access to an easement that sits in a neighbouring property for a drainage and sewerage connection. The easement is in favour of the Water authority and local council and runs the boundary to our block. Have...
  10. P

    NSW Stormwater inundating my backyard from neighbours property - easement question

    I have a rear neighbour whose yard is higher than mine. His yard slopes down towards the back fence. The street is also higher, so his stormwater (and all 14 neighbours next to him, are "higher" than me) but lower than their front street, so their stormwaters connect to a pipe in their backyard...