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Easements

What is an easement?

Easements are interests registered on the title to your property or a neighbouring property. They can:

  • Give you the right to use your neighbours’ property to access your property (known as a Right of Way) or grant you the benefit of the use of utilities (such as conveying water or telecommunications) located through your neighbour’s property; or
  • Give your neighbour the right to use your property to access their property or the benefit of the use of utilities located through your property; or
  • Give a utility provider or the council the right to place utility mains through your property.

There are several different types of easements, some of which are:

  • A right to drain water or sewage;
  • A right of way (which grants an owner access rights for example a common driveway);
  • A right to convey electricity;
  • A right to convey telecommunications.

What are your rights? Who pays the cost?

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Get the right advice from one of our team today!

The cost of services and rights of way can be an issue between neighbours. Who is responsible for the maintenance and repair costs of pipelines, electricity lines and the driveway? This depends on what the easement instrument says. If the easement instrument is silent then the provisions of the Land Transfer Act 2017 apply.

To understand who is responsible for the maintenance and repair costs of any easement which affects your property, contact one of our solicitors at Collins and May. Our team are experienced in reading the title instruments and will give you advice on your rights and obligations and what steps need to be taken if you want to seek contribution towards costs from your neighbour or if you want to access your neighbour’s property for maintenance/repairs.

If there is no easement in place, your neighbour could prevent you from using their property. To make sure you can use the common driveway, an easement will need to be registered on the title. Without it, your neighbour could prevent you from using their property for access.

Our experienced team are here to give you the answers to your questions

Collins and May are experienced in providing advice in this area and registering easements. Contact one of our team today.