Is it bad to have an easement on your property?
Easements are not serious issues on the whole. However, they can make a big difference to the potential profitability of a property because of the various building limitations often associated with them.
Does an easement decrease property value?
Generally, easements do not create a negative effect on your property value unless it severely restricts the use of the property. This may also affect the utility of the lot, meaning that you may not be able to get maximum use of the lot because the easement takes away from the useable area.
Do you have to allow Neighbour access to my property?
Generally, if you go onto your neighbour’s land without their permission, you are trespassing. However, if you need to repair your home and to do so need access via your neighbour’s land, you may go onto your neighbour’s land without getting their permission.
What are the remedies for breach of easement?
Remedies
- Seeking a declaration from the courts confirming the existence and the extent of the easement provides certainty that the easement can be used in the future.
- Obtaining an injunction, awarded at the discretion of the court, is binding on the parties to the proceedings but not their successors.
How long is an easement good for?
Unless the documents that create the easement say otherwise, the court will assume that the easement was created to last forever. That means that generally, easements are considered to be permanent unless the documents indicate otherwise. There are some easements, however, that are of limited duration.
Are easements bad?
Easements generally survive conveyances and can only be terminated by completion, destruction, or expiration. So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.
Can my Neighbour put footings on my land?
Yes, your neighbour is allowed to build right up to the boundary line and project his footings beyond it but must serve the required notices. In this case it will be a ‘Line of Junction Notice’ under sections 1 (5) & (6) of the Act. It will then be up to you whether you consent or appoint a surveyor.