What is a Private Access Easement?

Home Blog What is a Private Access Easement?

Published by Preston Law on 26/06/2018

Easements are rights that attach to a land which give the holder the right to use the relevant land in a certain way or for a particular purpose.
The most common form of an easement is an access easement. An access easement gives the owner of the land the right to pass over somebody else’s land, usually to access the land that they own.

In the above example, the owner of Lot 1 needs to pass through Lot 2 to gain access to Lot 1. In this case, the owner of Lot 2 grants the owner of Lot 1 an access easement to use the easement area for the purposes of accessing Lot 1. 

The easement document, which is ultimately registered on the Title of both Lots will generally contain the terms and conditions of access. Some of the matters that are dealt with may include:

⦁ maintenance and repair obligations;
⦁ access restrictions;
⦁ activities on the easement area, including construction; and
⦁ costs and expenses.

If you do have any questions about your property, please contact Preston Law. Our Lawyers are based in Cairns but service all of Queensland and Australia and can manage or your conveyancing and property needs.

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