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QLD Should Permission to Use Easement be from Both Owners?

Discussion in 'Property Law Forum' started by Sophea, 6 September 2016.

  1. Sophea

    Sophea Guest

    I have a commercial property which adjoins two other blocks. The owners of both of those blocks have registered to their title benefit to an easement which I would like to use, in order to have skip bins collected from my property, etc., now and again when I do renovations. One of the owners of the easement has given me permission to use it, and the other has threatened a trespass action.

    Is the permission of one owner sufficient? Or must I have permission from both owners of the easement in order to use it?
     
  2. Rod

    Rod Well-Known Member

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    Sorry, if it I missed it. On whose land is the easement that you want to use?
     
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  3. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi Sophea,

    I'm not a solicitor, ok.

    Parties benefitted by an easement do not have unlimited rights to use (or give others permission) to use land within an easement. They generally have pretty broad rights to use the easement for the purpose it was granted for.

    I don't think the terms of the easement would extend to permitting another party access to a property not benefitted by the easement.

    I think the owner of the property has to grant you permission for that.

    I'm not crystal clear on your situation, but I suspect 2 property owners granted each other access to half a driveway for access.

    If this is the case, I suspect you need permission from both owners, and one owner cannot give you permission to use the other half.

    Easement law is clear that one must use the easement for the benefit of the parcel of land which is benefitted. So, if land A has an easement benefitting land B, but not land C, then even if a person owns B and C, they are not meant to use the easement to drive thru A, thru B to get to C.

    Did that make sense? Or did I just type a nonsense paragraph?

    Not the answer you wanted, but I hope it helps you somehow.

    Regards
     
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