Get AU Creation Of Easement: Landowner Deed

Utility easements are sometimes described in a property deed or certificate of title as those certain utility easements as set out and shown on the map and plat of record in such-and-such a book on page something-or-other. The existence of these easements doesn't have much day-to-day effect.

What is easement? Article 1362 of the UAE Civil Code defines it as the right of other adjoining-property owners to use the land of another for a special purpose. It goes without saying that an easement does not then give the holder a right of 'possession' of the property, only a right of use.

Easements are usually created by a transfer in a deed or some other written document such as a will or contract. Creating an easement requires the same formalities as the transferring or creating of other interests in land.

In cases where an easement is required, they are usually 20 feet wide. two-thirds are in easements in off-street areas. Sewer easements are usually 20 feet wide.

Who owns an easement or right of way? The grantor continues to own the land and has only given up certain rights on that part of land used for the easement. The grantee is permitted access to an easement and holds certain rights regarding usage of the property described in the easement document.

An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan. ... New easements may be created by the registration of a dealing, a deposited plan or by implied grant or reservation.

How do I know if there are easements on my property? Generally, a search undertaken at the Land Titles Office will determine whether an easement is registered on the Certificate of Title to your land. However, there are some instances where easements are not registered on the Certificate of Title.

For example, you might want an easement because someone's property provides easy access to water. In order to obtain an easement, you need to negotiate with the landowner whose property you want to use. Then, you will need to draft an acceptable legal document and file it with your Recorder of Deeds.

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".

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.