Utility Easement

As a general rule you can't build over an easement. In NSW you can't build over a sewer main. Look at what the easement is for and whether you can negotiate to change its location.

In order to acquire a prescriptive easement, a claimant must establish (1) that the use was continuous for five years; (2) the use was open, notorious and clearly visible to the owner of the property; and (3) the use was hostile and adverse to the owner.

1Express Grant by Instrument. An express grant by written instrument is the most common source of an easement.2Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road.3Necessity.4Dedication.

Dominant and Servient Heritage. Separate owners. Beneficial Enjoyment. Positive or Negative. Continuous or Discontinuous. Apparent or Non- Apparent. Express Grant. Implied Circumstances.

Easements generally provide the right to access and use land while the legal title or ownership of the land remains with the owner of the land.For Crown land, this means that a range of third parties can use the land for a variety of activities, and the land continues to be owned by the State of New South Wales.

Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.An easement can be terminated if it was created by necessity and the necessity ceases to exist, if the servient land is destroyed, or if it was abandoned.

Rights of way (similar to the driveway example, but also including walkways or pathways);Public utilities, such as gas, electricity or water and sewer mains;Parking areas;Access to light and air; and.Shared walls.

Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.