Property easements grant the right for an individual, group or company to access, use or cross someone else’s property for a particular reason. Common easements can include shared driveways, power lines or sewerage. Understanding property easements is important as they can potentially impact your property value, and use of the area that the easement covers.  

Types of property easements 

There are several advantages to property owners, including (but not limited to): 
  • Utility access to essential services without the need for separate utility lines on each property.
  • Easements can prevent neighbours from encroaching on each other’s land with structures or trees potentially avoiding disputes. 

 Considerations before agreeing to an Easement 

Property easements have benefits, but they also warrant careful consideration such as: 
  • Impact on property use – Understand how the easement will affect your current and future property use – including expansion, development, and privacy. 
  • Duration – Review the specific terms including the duration, allowed activities, and any limitations on usage.
  • Professional advice – Consult with experienced property lawyers to understand the legal implications and potential impacts of the easement.
  • Modification or termination – Determine if the easement can be modified or terminated and what the required process is.
  • Existing easements – Investigate if any existing easements on the property might affect future agreements. 

While easements offer advantages, they also place limitations on your property’s use and potential for development. Given their typically indefinite nature, it’s crucial to comprehend their implications. Seeking advice from Geelong’s experienced property lawyers, Whyte Just & Moore is essential for navigating easement complexities effectively. 

Consult Geelong property lawyers 

Whether you’re buying or selling a property in Geelong or the Surf Coast, it’s vital to disclose and understand your easements before the contract exchange. To ensure a smooth process, it’s advisable to engage the services of an experienced property lawyer and conveyancing team in Geelong, like WJM. 

Contact our experienced property law team to discuss your Contract of Sale, which may involve an easement, or to explore the possibility of adding an easement to your land. Call 5222 2077 or email to set up an appointment today.